The criminal penalties of a drug charge can be severe. For parents in such a situation, the most significant concern is often the potential impact on their child custody arrangements. Understanding how drug charges can influence your parental rights and your child’s well-being is essential.
Georgia law takes drug offenses seriously
When making custody decisions, courts may view the parent accused of drug charges as a potential risk to the child’s well-being. This perception can lead to significant changes in custody arrangements, including:
- Limited visitation rights
- Supervised visitation only
- Loss of physical custody
- Termination of parental rights in extreme cases
Even minor charges can impact custody decisions. For example, possession of marijuana, even in small amounts, is still illegal in Georgia and can result in criminal charges. Such charges could be used as evidence in custody hearings to demonstrate a parent’s inability to provide a safe environment for their child.
In Georgia, courts can modify custody arrangements if there has been a significant change in circumstances. Courts may consider a drug charge as grounds for change, prompting the other parent to seek custody modification. The court may also intervene on its own if it believes the child’s safety is at risk.
Drug charges carry different weights of severity. The type of drug involved, the quantity and the specific charges (possession, distribution, etc.) can all affect how the court views your case.
Defending your freedom
Contending with drug charges does not automatically disqualify you from parenting. It is essential not to face these legal challenges alone. A skilled Georgia attorney can help build a solid defense strategy, protect your rights as a parent and pursue the best possible outcome for you and your children.