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Can those struggling with addiction be awarded parenting time?

On Behalf of | Jan 27, 2025 | Family Law

Struggling with addiction does not automatically disqualify a parent from being awarded parenting time in Indiana. The state prioritizes the best interests of each child when determining parenting time. This standard – while subjective to a degree in practice – aims to level the playing field in favor of children, regardless of what their parents may or may not be going through. 

While substance abuse may be weighed heavily when it comes time for a judge to decide about parenting time, it is not necessarily a permanent barrier. Courts recognize that addiction is a medical condition and may allow parenting time under certain circumstances, provided that the addicted parent demonstrates a commitment to recovery and the ability to provide a safe environment for their child.

The bigger picture

Addiction, if untreated and/or severe, may raise concerns about a parent’s ability to meet their child’s needs. Courts do consider whether the parent is actively seeking treatment and making progress toward sobriety. Meaning, parents who are concerned for their children’s safety generally have reason to hope that they will not be left alone with their other parent until they are sober, while parents who are struggling with addiction have reason to hope that they’ll be granted parenting time if they get sober. 

When addiction is a concern, courts may grant parenting time but impose specific conditions to better ensure the impacted child’s safety. These conditions might include:

  • Supervised Parenting Time: Supervised parenting time means that a third party, such as a family member, friend or professional supervisor, must be present during visits to better ensure a child’s safety.
  • Treatment Requirements: The court may condition parenting time on a parent’s participation in substance abuse treatment programs, counseling and/or support groups such as Alcoholics Anonymous or Narcotics Anonymous. Demonstrating progress in these programs can show the court that the parent is taking steps to address their addiction.
  • Random Drug or Alcohol Testing: To better ensure a parent remains sober, the court may order random drug or alcohol testing as part of the parenting time arrangement. Positive test results could lead to restrictions or a temporary suspension of parenting time.
  • Limited or Gradual Increases in Parenting Time: For parents who are in recovery, the court may initially limit parenting time and gradually increase it if/when the parent demonstrates sustained sobriety and stability.

For parents struggling with addiction, proving a commitment to recovery is important. Parents who take these steps can potentially strengthen their case for parenting time and rebuild trust with the court and their co-parent. Parents who do not may make it relatively easy for the court to grant their child’s only consistently sober parent full – or nearly full – parenting time. 

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