When custody battles arise in Texas, one of the most critical factors courts evaluate is the well-being of the child. Substance abuse, whether involving drugs or alcohol, can play a pivotal role in determining custody arrangements. Texas courts prioritize the safety, stability, and best interests of the child above all else. In cases involving substance abuse, decisions can become complex, requiring both legal expertise and careful consideration of the law.
Let’s explore how substance abuse affects custody decisions in Texas, the statutes that govern such matters, and the legal perspective of experienced family law attorneys like those at Turner-Monahan PLLC.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
The Best Interests of the Child Standard
Texas courts follow the “best interests of the child” standard when determining custody, formally known as conservatorship under Texas law. According to Texas Family Code § 153.002, “The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.”
Substance abuse is often viewed as a direct threat to the child’s best interests. A parent with a history of drug or alcohol misuse may face challenges in obtaining joint managing conservatorship or significant visitation rights.
Courts typically assess factors such as the frequency of use, the impact on parenting abilities, and whether the child has been exposed to dangerous situations due to substance abuse.
How Substance Abuse Is Evaluated by Texas Courts
Substance abuse can impact custody decisions in several ways, including:
1. Court-ordered Testing
If one parent raises concerns about the other’s substance abuse, the court may require drug or alcohol testing. Positive test results or repeated failures to comply can weigh heavily against the accused parent.
2. Evidence of Neglect or Abuse
Under Texas Family Code § 153.004, evidence of family violence, neglect, or substance abuse must be considered when determining custody. For example, if a parent’s substance abuse has led to incidents of neglect or endangerment, the court may restrict their access to the child.
3. Witness Testimonies
Teachers, caregivers, or family members may testify about the impact of the parent’s substance abuse on the child’s well-being. These accounts can significantly influence custody rulings.
Scenarios Illustrating Substance Abuse in Custody Cases
To understand how substance abuse impacts custody decisions, consider these examples:
Scenario 1: Frequent Alcohol Abuse
A parent with a pattern of binge drinking might argue that their alcohol use occurs only during off-duty hours and does not affect their parenting. However, evidence such as DUI convictions, missed school pickups, or erratic behavior can paint a different picture. The court may restrict custody or impose supervised visitation until the parent demonstrates rehabilitation.
Scenario 2: Drug Dependency
If one parent provides proof, such as photos or medical records, showing that the other parent is actively using illegal substances, the court is likely to view this as a serious risk. In such cases, the abusing parent might lose custodial rights entirely unless they seek treatment and prove their sobriety over time.
Scenario 3: Rehabilitation and Recovery
A parent recovering from substance abuse may still secure custody if they show consistent efforts toward sobriety. This can include evidence of completing rehab programs, negative drug tests, and testimonies from therapists or support groups.
The Role of the Texas Family Code in Custody Cases
Texas law provides clear guidelines regarding substance abuse and child custody. The Texas Family Code addresses these concerns through several statutes:
Family Violence and Substance Abuse (§ 153.004)
This section mandates that courts consider substance abuse as part of family violence when deciding custody. If a parent’s substance abuse has resulted in harm or exposure to unsafe conditions, the court may deny unsupervised visitation or award sole managing conservatorship to the other parent.
Court-Ordered Supervision (§ 153.005)
If a parent’s substance abuse poses a risk, the court may require that visits with the child be supervised by a neutral third party. This ensures the child’s safety while allowing the parent to maintain some level of contact.
Rehabilitation and Modification (§ 156.101)
If a parent with a history of substance abuse demonstrates significant progress in recovery, they may request a modification of the custody order. Courts are open to revisiting custody arrangements if the change serves the child’s best interests.
Turner Monahan PLLC – Here to Support You
Substance abuse is a critical factor in custody cases, and Texas courts rely heavily on the Texas Family Code to ensure the child’s safety and well-being. Parents battling substance abuse issues must prioritize rehabilitation, while those advocating for custody must present compelling evidence to protect their children.
Consulting an experienced attorney, like those at Turner Monahan PLLC, can provide the guidance and support needed to address violations effectively and work toward the best outcome for your family. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
