CHILD CUSTODY IN CASES OF PARENTAL CHEMICAL DEPENDENCY

Abstract

Chemical dependency is a disease and considered a mental disorder, which causes significant changes in human behavior. As addiction intensifies, attitudes transform. The dependent person may experience fluctuating mood, euphoria, depression, impatience, discouragement, frustration, aggressiveness, lack of interest, impulsivity, irritability, etc. Faced with so many problems that chemical dependency can cause, it is necessary to take into account the well-being of children raised by parents who are chemically dependent, as this dependency can pose risks to the child's safety and development. Therefore, it is impossible to delve into this topic without first carrying out an analysis beyond the legal spectrum, since it is not limited to that sphere. For a more detailed observance of the topic, social and psychological issues will be taken into account. Children's exposure to situations resulting from their parents' drug use is one of the main harmful influences on family development, which is likely to lead to extremely negative results related to health and neuropsychomotor development. Since this is not just a legal study, we seek here to analyze the measures that can be taken to resolve this problem. Considering the importance that Brazilian legislation allocates to the development of children and adolescents, it would be extremely abrupt to simply remove their custody from their parents, in a situation of chemical dependency. It takes more than that. In addition to protecting minors, it is necessary to adopt measures that welcome dependents and help them cope with addiction. If the family is such an exquisite institution for our legal system, simply removing it would not achieve the final objective, since no child will develop satisfactorily without the presence of their parents within the family.Therefore, this study addressed the main challenge that this theme poses, which is to deal with the removal of custody of children in extreme situations on a temporary basis, recover dependents and, finally, give them back the dignity of enjoying healthy family life again.