When it comes to child custody and visitation rights, the best interests of the child in question is always of the highest importance. Therefore, it is never considered appropriate for a child to be in the care of a parent who is a substance abuser.
If a parent with temporary custody has been found to be abusing an illegal substance, the court will intervene by changing the custody order as soon as possible. This is because it is simply not possible for a parent to care for his or her child when under the influence of drugs.
What evidence can be used to prove substance abuse?
The other parent might provide evidence such as DUI charges or police reports to form a case as to why you might not be a fit parent. They also have the right to refuse visitation if they genuinely fear for the safety of the child. This can also be explained to the courts.
Will you be able to gain custody back?
It is always considered ideal for a child to have a relationship with both of his or her parents. However, their safety and well-being is the first priority. If you have been involved in a rehabilitation program or if you have shown motivation to get clean, especially for the sake of your child, there is a good chance that you will be able to gain back custody in the future. You must work toward being able to pass a drug test, and show that you are trying to become the best parent that you can be.
If you a working toward gaining back custody of your child, it is important to understand the steps that you need to take in order to achieve this.
Source: The Spruce, "Child Custody & Substance Abuse," accessed Feb. 07, 2018