STUDENT WRITING COMPETITION
L. Okerberg and William N. Thompson write that the “co- addiction problem is prevalent in Las Vegas, where drinking is free and available to gamblers on a 24/7 basis.” It is also noted that tobacco use is another addiction associated with gambling. Not all gambling addictions will have such severe impacts, however. Under the DSM-5, a mental health professional may classify an individual’s gambling disorder as: (1) “mild” if only four or five diagnostic criteria are satisfied; (2) “moderate” if six or seven diagnostic criteria are satisfied; (3) “severe” if eight or nine diagnostic criteria are satisfied; (4) “in early remission” if none of the criteria for gambling disorder has been met for at least three months but for less than twelve months after a prior diagnosis of gambling disorder; and (5) “in sustained remission” if none of the criteria for gambling disorder has been met during a period of twelve months or longer after a prior diagnosis of gambling disorder. Addictions compared in domestic court decisions Termination of parental rights Termination of parental rights cases “primarily arise in situations where there have been numerous attempts to reconcile parents and children following removal due to abuse, neglect, desertion or abandonment or where one incident is of such a nature that is it sufficient to proceed with termination of parental rights.” 14 One specific ground for termination is a parent suffering from habitual alcoholism or other drug addictions and that parent has failed to successfully complete drug or alcohol treatment. There have been numerous cases in Mississippi where a parent’s rights were terminated based on the ground of
habitual alcoholism and drug addiction and Mississippi targets alcoholism and drug addiction when determining whether a parent’s rights should be terminated. Other states have considered gambling addiction and its various impacts in termination of parental rights hearings. A Court of Appeals case in Michigan considered gambling addiction of a parent in terminating their rights through a financial lens. 15 In Nebraska, the Court of Appeals determined that a parent’s rights could be terminated if that parent “substantially and continuously or repeatedly neglected and refused to give the juvenile or a sibling of the juvenile necessary parental care and protection,” and the court determined that the mother’s gambling and drinking habits rendered her incapable of sufficiently supervising and caring for her children. 16 The appellate court in Iowa also heard a termination of parental rights case regarding a mother who was addicted to gambling. 17 While it is understandable why alcoholism and drug addiction are the main focus, if a child’s best interests are to be at the forefront of such hearings, then it is reasonable to consider gambling addictions as well. Gambling addictions should be treated the same as other addictions when it comes to terminating a parent’s rights. That said, not all gambling severely impacts a child and parentage being a constitutional right, there should be a limitation in place to allow chancellors to use their discretion and weigh in on how severe is too severe when making termination decisions.
Custody
Stability has always been a factor when considering custody and the physical care of children. 18 When hearing custody determinations or modifications, Mississippi chancellors consider the Albright factors including parental employment, mental health and moral fitness. 19 There are various cases in
14 Lisa S. Nored, Grounds for Termination of Parental Rights, Child Advoc. in Miss., § 6:3. 15 In re Kerr/Sherrod/Van Horn/Paymon , No. 310423, 2012 WL 6604682 (Mich. Ct. App. Dec. 18, 2012). 16 In re Nyarout T ., No. A-11-987, 2012 WL 4795606 (Neb. Ct. App. Oct. 2, 2012).
17 In re D.B ., No. 1999-524, 2000 WL 210451 (Iowa Ct. App. Feb. 23, 2000). This case surrounded the mother’s contentions that her due process rights were violated, but her rights were terminated nonetheless due, in part, to her gambling addiction and failure to complete evaluations. 18 Linda D. Elrod, Child Custody Practice and Procedure § 1:9. 19 Albright v. Albright, 437 So.2d 1003 (Miss. 1983).
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IMGL MAGAZINE | SEPTEMBER 2024
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