Any guidelines for child custody in AZ when substance abuse has been involved
In 2009 I was divorced and custody (both legal decision making as well as parenting time) was split 50/50. Our child was 2 years of age at the time.
In 2013, Juvenile court was involved and one parent admitted to a substance abuse problem (alcohol). The court ordered sole legal custody and only minimal, supervised visitation and no transportation of the child.
That parent has since attended relapse prevention classes, parenting classes, individual counseling, regular, voluntary 12-step meeting, 3x/week ETG testing for over a year, voluntary ignition interlock. The court has ordered the ETG testing to stop, due to no positive test results or indication of relapse and the removal of the interlock at the expiration of the lease, of 1 year. No other substance abuse issues have been involved.
Visits are no longer supervised, overnights are allowed and the alcoholic parent is permitted to drive the minor child, by agreement of the two parents.
It is now 1 1/2 years after this all began and parent with the drinking problem (who has 1 1/2 years sobriety) is now seeking to return to 50/50 custody. Both parties have hired attorneys, although alcoholic's attorney is no longer being an active participant in the case. I have sought consultations with multiple Family Law attorneys and none can agree on a good case plan, moving forward.
I am wondering if there is anything else alcoholic parent can do at this point to demonstrate that they are not a danger to the child and return to 50/50 custody? All other behaviors have been that of a normal, responsible parent since the drinking stopped. Both parents have good jobs, homes, etc. The other parent and the court seem satisfied that alcoholic parent has found a recovery program that is working. Would a self paid hair alcohol test be of any use? Is it just a matter of time at this point?
I realize that each case is different and no one can predict, but are there any standard timelines, assuming that 50/50 is in the best interest of the child (which both parents agree is the ultimate goal), to return, after a substance abuse issue has been raised and addressed, satisfactorily.