Jan 16, 2020 | Divorce


Loving an addict is hard. Sometimes, you have to step back and realize that you need to preserve yourself and protect your children from the constant drama, the potential for legal action and more.

But divorcing an addict comes with another worry: How do you continue to protect the kids if you aren’t with them at all times? You may decide that it’s in the best interests of your children to ask the court for sole custody.

If you do, here are some of the things that you should gather in preparation that can help support your case:

  1. Records of treatment: If your spouse has previously been treated for drug addiction, you may have records related to admission and discharge still in your home. Gather up any documents you can find and look at insurance records so that you can accurately get the name of the treatment provider and the dates.
  2. Criminal records: If your spouse’s drug addiction led to criminal charges, it’s important to bring that to the court’s attention. You may be able to pull some of the relevant documents offline through your county’s public records.
  3. Photographs: These days, cameras are everywhere. If you have photos of your spouse surrounded by drug paraphernalia, passed out in a bathroom or something similar, you want to collect those for your file.
  4. Social media posts: Your spouse’s Facebook or Instagram page may hold everything from open statements acknowledging their drug use and abuse to more photos that could be considered evidence.
  5. Your own conversations: The odds are good that you’ve communicated with your spouse via text or email a few times regarding their drug use or addiction. If you have, save those records.

If you’ve made the difficult decision to divorce your addicted spouse, make sure that you have experienced advice on how to make a case for sole custody at this time.