In this blog, I talk more about the legal problems you will likely encounter if you are separating from your spouse, you have children, and you are in the throes of an addiction.
Let’s be honest: if are struggling with a serious addiction, can you be certain you can be entirely trusted if the children are left solely in your care? If you answered “yes, I can be trusted", you might be in 'denial' mode –a very common defense mechanism used by addicts to hide their addiction from themselves and others. If your estranged spouse were asked the same question, the response would most likely be, "No way!" And If a court was asked this question, the judge would also likely say ‘No’, particularly since Courts like to err on the side of caution when dealing with children.
When faced with a parent who is abusing a substance--whether it be alcohol or another drug--a Court will probably order 'supervised access' until your spouse or the Court (or both) are reassured that you have acknowledged your problem and have sought treatment.