The National Institutes of Health reports that almost 19 million children live with at least one parent who has a substance-related disorder. Note that this statistic only reflects parents who live with their children, and it does not include parents who might have limited visitation rights. A serious substance-related disorder often leads to the loss of custody for a separated parent. According to the Addiction Center, up to seven percent of all divorces in the United States are caused by some kind of addiction problem. Many divorced parents continue to struggle with substance abuse after their marriages end, and these issues can have notable effects on child custody. But can a child refuse visitation with an addicted parent? The answer depends on the unique circumstances of each family, and spouses may want to discuss these circumstances with an experienced family law attorney in Virginia. Consider continuing this conversation by contacting DiPietro Law Group, PLLC at (571) 626-7389.
Children Cannot Refuse Visitation in Virginia
When specifically ordered by family courts, visitation is not optional for children. Legally, these young individuals have no right to refuse visitation until they become adults. The family court generally believes that continued contact with both parents is psychologically beneficial for children, regardless of whether one parent is struggling with issues like substance abuse. Although substance abuse may lead to the loss of custody rights, an addicted parent still has a legal right to see their children from time to time. A parent with sole custody cannot prevent these visits from occurring. If they do attempt to interfere, they may face serious legal consequences.
That being said, a parent with sole custody can petition for supervised visitation rights. In this type of arrangement, a parent with a substance-related disorder may be prohibited from being alone with their children during visits. Law enforcement officials or social workers may supervise all interactions to ensure the children does not experience any harm. These supervised visits may be necessary if there is reason to believe that the addicted parent represents a genuine threat to the children. For example, there may be reason to believe that the addicted parent will become aggressive due to their use of drugs like methamphetamine.
Could an Addicted Parent Lose All Visitation Rights?
The complete loss of visitation rights is a rare outcome. For this to occur, a parent must pose a serious safety hazard to the children. For example, the parent may have a history of severe violence toward the children. In the context of substance abuse, the parent may also have a history of allowing the children to come into contact with extremely dangerous drugs like fentanyl. These threats must be elevated to warrant the loss of all visitation rights, and the mere presence of an addiction will not lead to this outcome.
What if My Child Does Not Want to See the Other Parent?
If a child insists on refusing to see the other parent, various steps may be necessary. First, a parent with sole custody might consider speaking with the child and explaining that they will be safe throughout the entire interaction. A parent might also highlight the presence of law enforcement or social workers during supervised visits. Next, the parent with sole custody should notify the other parent of the problem. Ideally, these communications should occur in writing.
Some parents with substance-related disorders may be more understanding, and they may be willing to forgo visits. However, it is important to remember that no matter what anyone says, scheduled visits must go ahead as planned if ordered by family courts. If the parent with sole custody fails to facilitate these visits, they could face legal consequences. This is true even if the addicted parent is willing to skip visitation with a child who clearly does not want to see them.
Modify Custody Before You Interfere With Scheduled Visits
Families may be able to modify visitation agreements if the child does not want to participate. However, they must take the necessary legal steps before halting scheduled visits. They can do this by filing a petition with the court, and a family judge may then modify the visitation agreement based on a “change in circumstance.” In this situation, the “change in circumstance” would be a shift in the preferences of the child.
When the divorce or separation first occurred, the child may have been too young to express an opinion on this matter. For example, they may have been four years old at the time of the divorce. After eight years, they may have sufficient mental maturity to express an opinion about the visitation schedule. A judge may listen carefully to their preferences when determining their best interests. An experienced family law attorney at DiPietro Law Group, PLLC may be able to help parents modify their visitation schedules.
Addicted Parents Can Also Modify Custody
Parents with substance-related disorders may not give up their custody rights easily. Some might push back during modification hearings, arguing that it is in the best interests of their child to maintain contact and continue regular visits. Others might attend rehabilitation and address their addictions before petitioning for modifications. Successful drug treatment is another example of a change in circumstance, and it may lead to the return of scheduled visits. Even if a child previously told a judge they did not like these visits, they may be ordered to continue seeing their parent. This outcome may be particularly likely if the child told a judge that they did not want to see the parent specifically because of their substance-related disorder.
Discuss Substance-Related Disorders With DiPietro Law Group, PLLC
While Virginia has clear laws on how substance-related disorders can affect child custody, many of these situations are extremely varied. A substance-abuse disorder can range from a crippling addiction to a problematic habit. An addiction can interfere with work and family life – or it might be virtually invisible from the outside. The specific effects of substance abuse on child custody depend entirely on these varying factors, and this extends to visitation rights. Parents who ask themselves, “Can a child refuse visitation?” may want to discuss their unique situations with family law attorneys in Virginia. This may lead to more personalized guidance than online research can provide. Consider continuing this discussion by contacting DiPietro Law Group, PLLC at (571) 626-7389.
