This is the first post in a series which will discuss how a parent’s drug use can impact child custody cases in Virginia. It is necessary to address this topic because illicit drug use is a common and recurring issue in family law proceedings. The goal of the coming articles is to provide helpful information on how one should respond to these situations. If you are aware of any drug abuse on the part of the opposing parent then contact our office today to speak with an attorney.

We will be addressing several topics over the coming articles. Issues which will be analyzed include:

• How different types of drug usage are viewed by the Court
• The steps for filing an emergency order to obtain custody
• Attending the first hearing in an emergency custody case
• The discovery process in a child custody case involving drug use
• Attending trial in these matters

These are important topics to discuss for a variety of reasons. First, one should be aware of the fact that the court will take some forms of drug usage more serious than others. Second, while custody is not automatically awarded to the “sober” parent, the court will often grant a change under such circumstances. Third, parents should understand what will be discussed at the first hearing. Fourth, it is necessary to have some knowledge of the discovery process in a child custody case to ascertain is needed to prove the other parent is using drugs. Finally, attending trial in these matters may require a great deal of preparation and one should know what to expect.

One point that that cannot be stressed enough is that you should contact an experienced child custody lawyer as soon as possible. If you believe that the other parent has engaged in illicit drug use then it is important to speak with an attorney to determine what your next step should be. Contact our office today to speak with a child custody lawyer.