Of course, its not a good situation, but seeking treatment should not be avoided if the addiction is causing damage. The Supreme Court has never held that a custodial parent’s rehabilitative treatment, alone, constitutes a material change in circumstances warranting a change in custody. Something more is required.
In the recent case of Bryant v. Bryant, No. 2011-CA-00669-COA (12/11/2012), the Court found that a woman who received rehabilitative treatment for cocaine addiction should lose custody of her children where the evidence showed some of the following additional circumstances:
- She was caught using cocaine as a part of random drug testing after a conviction for forgery.
- She had three serious one car accidents.
- The child testified he was not doing well in school.
- The child testified he and his sibling were scared and insecure with their mother being out late at night.
- The child testified their mother went out at night after putting them to bed.