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Can I lose custody of my kids if I go to rehab?

On Behalf of | Sep 13, 2019 | Family Law |

Unfortunately, Omaha has not been spared the blight of the effects of opioid addiction that have cast a pall over the entire country. Lives have been lost and families splintered in the wake of this scourge.

Perhaps the most vulnerable ones affected by opioid addiction are the children of those struggling with their addictions. These kids are innocents caught up in the web that slowly strangles the life out of their addicted parents.

If you are an addicted parent, chances are good that you may have tried to kick the habit at least once or twice even if the attempt occurred during an involuntary detention in jail. Still, the siren song of the drug was too strong to keep you on the straight and narrow for very long.

You may have even shunned entering treatment programs because you realized that you would have to surrender custody of the kids to your ex or another competent adult. You worry that you would never be able to regain custody of your children again even once you got straight.

That is definitely the case in the short-term, as a responsible person would need to be named as temporary guardian for the children. But it does not predetermine that you would never again be able to rear your children.

For starters, the courts have both the duty and the goal of family reunification in these matters. Being able to demonstrate your sobriety will be a plus and not a minus to those tasked with assigning custody matters.

It is far more likely that an addict who continues to use and who is not actively involved in recovery would lose the custody of their kids as opposed to someone struggling mightily to overcome their addiction.

If you are facing such an untenable situation, it is prudent to seek the counself of an Omaha family law attorney who can help you fight to regain custody after you successfully complete a rehabilitation program for addicts.