Section 9.16 Drugs and Alcohol
Library | Family Law Deskbook and 2014 Supp |
I. (§9.16) Drugs and Alcohol
It has been held to be reversible error if the trial court does not allow evidence of a parent’s alleged alcohol or drug usage before it makes a custody determination. In Cummins v. Cummins, 873 S.W.2d 280 (Mo. App. W.D. 1994), the appellate court found that the trial court erred by not allowing the father to testify regarding the mother’s alleged use of drugs. Likewise, in Roth v. Roth, 793 S.W.2d 590 (Mo. App. E.D. 1990), the father tried to show that the mother had undergone treatment for alcohol and was therefore unfit to have custody of the children. The Eastern District determined the trial court committed reversible error by excluding the evidence based on mother’s claim of physician-patient privilege. This type of evidence is relevant when determining the best interests of a child. Id.
In In re Snoke, 913 S.W.2d 407 (Mo. App. W.D. 1996), the mother filed a motion to modify the restricted visitation of her children that was because of her abuse of alcohol and prescription drugs. The trial court granted the mother’s motion, but the appellate court reversed the decision and held that the best interests of the child required that the mother’s visitation remain restricted...
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- Section 9.1 Custody Options
- Section 9.2 Legal Custody
- Section 9.3 Physical Custody
- Section 9.4 Custody to Third Parties
- Section 9.5 Generally
- Section 9.6 Temporary Orders and Child Protection Orders Act
- Section 9.7 Factors for the Court
- Section 9.8 Statutory Factors
- Section 9.9 Best Interests of the Child
- Section 9.10 Stability
- Section 9.11 Parenting Skills
- Section 9.12 Moral Fitness
- Section 9.13 Adultery and Sexual Misconduct
- Section 9.14 Cohabitation
- Section 9.15 Parents in Same-Sex Relationships
- Section 9.16 Drugs and Alcohol
- Section 9.17 Attempted Alienation of the Child
- Section 9.18 Religious Beliefs
- Section 9.19 Custodial Preference of the Child
- Section 9.20 Generally
- Section 9.21 Virtual Visitation
- Section 9.22 Separating Children
- Section 9.23 Visitation
- Section 9.24 Supervised Visitation
- Section 9.25 Grandparent Visitation
- Section 9.26 Home Studies
- Section 9.27 Guardian ad Litem
- Section 9.28 Interview of a Child
- Section 9.29 Psychological Testimony and Mental Examination
- Section 9.30 Special Master
- Section 9.31 Custody and Visitation Rights of Illegitimate Children
- Section 9.32 Missouri
- Section 9.33 Other States
- Section 9.34 Generally
- Section 9.35 Standard for Modification
- Section 9.36 Generally
- Section 9.37 Parental Kidnapping Prevention Act
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