Child custody cases in Texas focus on the best interests of the child. When a parent struggles with substance abuse, the court takes this issue seriously. A judge will consider how addiction affects parenting ability and whether it puts the child in harm’s way.
How Texas courts evaluate substance abuse
Judges assess the severity and impact of substance abuse when deciding custody. Occasional alcohol use may not affect custody, but frequent or uncontrolled drug or alcohol abuse can. Courts review medical records, police reports, and witness testimony to determine the extent of the problem. If substance abuse endangers the child, a judge may limit visitation or require supervision.
Proving substance abuse in custody cases
The parent raising concerns must provide evidence of substance abuse. This can include DUI arrests, failed drug tests, or testimony from family members. Courts may order drug testing if there is reason to believe substance abuse affects parenting. If a parent denies the issue, the court may request additional evaluations.
How substance abuse affects custody outcomes
If a parent is actively abusing substances, they may receive limited or supervised visitation. The court may require rehabilitation before considering custody changes. A parent in recovery with proof of treatment and sobriety may regain parenting time. Texas law prioritizes the child’s safety, so any sign of relapse can impact custody decisions.
A parent with past substance abuse issues can take steps to rebuild trust. Completing a rehabilitation program, attending counseling, and maintaining sobriety all help. Providing clean drug test results and stable housing can also improve the chances of regaining custody rights. Courts want parents to create a safe and stable environment for their children.