Jaburg Wilk


Protecting Children: What to Do When a Spouse Abuses Drugs

Categories: Family Law, Article

Video Transcript:

My spouse is abusing drugs and I'm concerned for my children.  What can I do?

If you're afraid for your children's safety you might want to consider getting an order of protection. Order of protections would be issued by a court in order to ensure that the party is not interacting, engaging or contacting the protected persons. Assuming you're not talking about safety and you're just concerned about the children's well-being, you can get either temporary orders or final orders precluding the parent from having access. Typically, those are very difficult to obtain, however, supervised access is relatively easy to obtain assuming there is a legitimate concern for the children's safety. The other thing you can do with temporary orders is to require the other party to be randomly drug tested. The random drug test would also substantiate your concern and hopefully would modify the person's behavior so they're no longer abusing or using.   If it is determined that there is a drug problem, the court can also order treatment.

About the author: Jason B. Castle is a Partner at the Phoenix law firm of Jaburg Wilk. He is the President of the Arizona Chapter of the Association of Family and Conciliation Courts, member of the State Bar of Arizona, and a member of the Maricopa County Bar Association, where he chaired the Family Law Section and Legislative Committee. He has expertise in child custody and Decision Making Authority. More recently he was named a Southwest Super Lawyer Rising Star.