Child Custody Cases
Substance Abuse Evaluations in Child Custody Cases
By Tom Horvath
I make a number of assumptions when conducting a substance use evaluation as part of a litigation process: 1) the individual's use is usually not less than the individual reports, but it might often be more (or much more); 2) inaccurate accusations of substance abuse are common because there is usually little negative consequence for inaccurate accusations; 3) the parties to the litigation, and those connected with them, may provide biased and inaccurate information. Therefore outside corroboration of their reports is essential for determining the extent and consequences of substance use.
As a practical matter, getting outside corroboration (information from sources not connected with the litigation) is difficult because such information may simply not exist, or obtaining it would require work performed by other professionals (such as private investigators) rather than by psychologists. That work would be outside the scope of the psychological evaluation the individual has consented to. An evaluation that obtained outside corroboration could be conducted at great expense, but would require weeks to months of effort and at best would only establish the history of substance problems (or lack of them). Such an evaluation would be appropriate when litigation is only concerned with history and not with the future (as it is in child custody litigation).
In my typical evaluation I document what is reported by the parties, conduct basic psychological and addiction testing, review documentation, and interview collaterals, as appropriate to each case. In some cases I am able to identify reports that are unlikely or impossible (e.g., consuming only 2 beers would not result 90 minutes later in BAL of .22). In some cases the information I obtain allows me to offer a firm diagnostic opinion. However, in most cases I will not have a firm diagnostic opinion, because I will not have sufficient firm evidence.
Even with a firm diagnostic opinion, the prediction of future substance use is problematic. An individual's substance use can change, suddenly, dramatically and without treatment or support group attendance, in response to changes in the environment. Litigation often produces substantial environmental changes, and therefore has the potential to lead to significant decreases (or increases) in substance use. The diagnostic manual (DSM-IV-TR, page 221) recognizes that "some individuals (perhaps 20% or more) with Alcohol Dependence achieve long-term sobriety even without active treatment."
Consequently, if the litigation has a future focus, my normal recommendation is to obtain substance testing on a continuous basis. I will monitor the results of this testing if the court requests it. Random testing might work in some cases, but it allows a significant potential for delay in discovering problems. Such delay is unacceptable when the best interests of children are involved. Depending on the substances of concern, testing involves the individual stopping at a drug testing facility two to three times per week to provide a urine sample. Modifications to the basic plan need to be made if the individual tested is a reportedly moderate drinker, but in some instances such individuals are willing to abstain completely for the sake of eliminating suspicions about their having alcohol problems.
I normally recommend that the testing be paid for by the other party, and continued as long as the other party feels it is worth paying for. Solomon knew that the true mother would only want what was best for her child. Even Solomon did not try, simply based on the reports he received, to determine which mother was telling the truth.
January 2, 2011
8:10 pm
Has anyone ever been a witness in a child custody case or any cases?
I have to testify tomorrow in my friends child custody case tomorrow about an incident that happened last year. What should I expect? Will they be looking into my past and trying to discredit me? Or will they just be interested in hearing my version of what happened on the night in question?
March 25, 2011
12:56 am
I testified in one.
They will most likely ask you your name, age, address and occupation.
Then they will ask you to describe in your own words what you witnessed. Answer as simply as possible and TELL THE TRUTH!
Do NOT elaborate, embellish or offer your opinion.
They did not delve into my past at all but when they asked me HOW I knew that the mother was a drug dealer I was 100% honest and told the I used to buy weed from her. I was not concerned about any repercussions to myself (or how it made me look) because the only thing I was interested in was the well-being of the child. Besides, I believe that my honesty in the circumstances gave weight to what I was saying and the father won custody.
Now it is 6 years later and I am happy to report that since the mother lost custody of her child, she went through rehab and has been clean and sober for over 5 years…and has joint custody of her child.
Do not worry about what (if anything) may happen to you and remember that you are only there for the child. The court is not worried about your past unless it indicates that you have a vested interest in lying for some reason.
You don’t, do you?
May 12, 2011
8:08 pm
Looking for a good Family Law Attorney in Brazil that speaks English and deals with child custody cases.?
I need someone that deals with child custody cases envolving an American citizen and a Brazilian citizen.
May 16, 2011
3:18 am
Brazil is a very large country. What city?
In Sao Paulo, look up Saul Tegucigalpo.
In Brazilia, a good choice would be Jorge Jimeraco.
May 26, 2011
8:14 pm
Is there any financial help available for florida child custody cases?
My friend has a 10 month old little boy and the mother of the child won’t let the father see him. He has always been there for his son and is now missing all those important firsts like walking and talking. He needs to go file for joint custody but doesn’t have much savings. Are there any state assisted programs or lawyers or anything? There’s got to be something he can do…
June 17, 2011
8:27 pm
Your friend needs to hire an attorney.
The Florida Bar Association does offer a Legal Aid service, it is based on income, so your friend may or may not qualify.
Here is the link:
Florida Bar Association
Legal Aid Information
http://www.floridabar.org/tfb/TFBConsum.nsf/840090C16EEDAF0085256B61000928DC/A99E4C9F07844AC385256FF90073D012
June 26, 2011
3:42 pm
I’m a Brownie leader, and there is a girl in our unit who alternates every two weeks. She is the saddest, quietest, most withdrawn child I have ever seen.
I think these week here, week there arrangements might be in the best interest of the parents, but not for the children. There’s no stability, no security, no routine. Can you imagine sleeping in a different house every week, different rules, different guidelines, different bed sheets? That’s gotta be hard for such young children.
I don’t know what the best solution is. My parents were separated before I even remember them being together. I saw my father on weekends, and summer vacation. I don’t know how he felt about it, truly, I think it worked for him as he was not equipped to deal with me full time. And I was comfortable with my weekly routine not being disrupted.
To find the best solution for the children might mean sacrifice on the part of the parents.
July 26, 2011
6:54 pm
Ladycat
you would have to follow a UK court rules they would over ride any restrictions/regulations the Jehovah Witness member/s tried to enforce on a custody hearing.
There is nothing to prevent your asking a Solicitor to hire an “Expert Witness” who could explain to the court the issues surrounding custody which may affect the child if they are being brought up as a Jehovah Witness, but UK law would decide whats in the best interests of the child.
Maybe you would care to expand your question to see if you get a better response on a particular matter that is concerning you.
July 28, 2011
3:29 pm
What is optimal for children in child custody cases?
I am a father of two small boys (3 1/2 and 1 1/2). My wife and I are seperating (no chance of reconciliation) and will soon be divorced. We both want the best for our kids. What is best for the children when it comes to custody? One week her, one week me? 2 or 3 days per week me, the remaining her?
July 28, 2011
3:36 pm
I can not find Solicitors in the Uk that have dealt with Jehovah Witness Child Custody Cases?
As any body in the United Kingdom had to find a solicitor who has experience dealing with Jehovah Witness Child Custody cases? Most of the Solicitors I have found are in the United States. Has anybody had this problem too. If you have any solicitors names could you let me know Answers would be appreciated.