Navigating Drug and Alcohol Use in Custody Cases

A parent’s drug and alcohol use can have a serious impact on their children.  Custody courts are solely concerned with “the best interests of the child”, and may restrict a parent’s custody time to ensure that their drug and alcohol use does not pose a threat to the children.  Courts expect that parents are not using alcohol in a way that threatens the well-being of the children, and that they are not using any non-prescribed drugs.  Even if a parent has a medical prescription for a substance, such as an opioid or medical marijuana, courts expect that the substance is used only as prescribed and without any impact on the party’s ability to be present for the child. 

There are several tools that courts will use to make sure that children are safe if a parent’s drug and alcohol use is at issue:

Drug and Alcohol Evaluation:

Courts might order the parties to submit to a comprehensive evaluation that analyzes their relationship with drugs and/or alcohol.  The evaluation may recommend a course of treatment or a plan to change the party’s substance use. 

Drug and Alcohol Testing: 

A court may order that one or both parents submit to periodic or random drug and alcohol testing.  These tests are performed at a lab and require the parent to submit a hair, urine, or blood sample.  The results of the test can tell the court what substances the parent is using, and can even show how often the parent is using the substance.  A court might restrict a parent’s custody time based on the results of these tests.  

Alcohol Monitoring Devices: 

Courts often order parties to use an alcohol monitoring device prior to and during their custody time.  These devices ensure that a party is not intoxicated at the beginning of their custody time and can provide the other parent with peace of mind that they are not drinking alcohol while the child is in their custody.   

If substance use is affecting your custody case, Obermayer’s experienced custody attorneys can help, contact us today to discuss your options.

If you are a parent and you are struggling with drug and alcohol use, the best thing you can do for your child is ask for help.  Call 1-800-662-4357 (HELP) for the Substance Abuse and Mental Health Services Administration Helpline. 

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.