Using recreational drugs during a divorce can bring you a host of troubles. Certainly most of the problems arise when there are custody determinations made by the Court. There are two statutory provisions that apply to this:
1. Chapter 53 §5328 The former 75 Pa.C.S. § 3731 (relating to driving under influence of alcohol or controlled substance). 75 Pa.C.S. Ch. 38 (relating to driving after imbibing alcohol or utilizing drugs). Section 13(a)(1) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, to the extent that it prohibits the manufacture, sale or delivery, holding, offering for sale or possession of any controlled substance or other drug or device.
2. Chapter 53 §5330 The history of drug or alcohol abuse of a party or member of a party’s household.
Using illegal drugs or legal drugs illegally can affect Judicial custody determinations. I am sure that it does not surprise anyone that taking drugs of this nature is a bad idea with bad repercussions with regard to retaining custody of your children. The above statutes note that it is bad to get DUI / DWI convictions. The Court will look at this as evidence of irresponsibility that could rear its head in parenting decisions. If you have a DUI/DWI in your past it isn’t the end of the world – but it doesn’t help. The more remote in time it was and the more evidence you can provide of responsible parenting decision making the less it will affect a Court’s view of you. However multiple charges will certainly make the Court think that you may have a substance abuse problem.
So. The take away from this is that it is ok to have a drink or two – but avoid driving afterword as the consequences are quite significant.
As far as actually dealing drugs – this may be the worst of the issues. Given this, the Court will perceive you to be a criminal and this can be the most damaging of actions involving drug use. Past criminal convictions of this nature must be reported and evidence of ongoing involvement in the sale of illegal drugs will absolutely have the most negative possible consequences. Frankly, the only thing worse is if you have a history of sexual or physical abuse.
The take away here is that if you want to keep your children you are going to have to get out of the business of selling illegal drugs.
The more interesting question is if a parent has a substance abuse history. Generally, Courts are understanding regarding these issues. The two main pitfalls are first, getting caught with hard drugs and second, after getting caught does the individual get help and follow through with measures to get help and handle the condition. Having positive results on a drug test after being caught is where an individual gets into trouble.
The take away here is that if you have a drug problem – handle it. Get treatment.