How does addiction or substance abuse affect child custody?

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How does addiction or substance abuse affect child custody?
On Behalf of Marino Law Firm, LLC
  |   Apr 16, 2025  |  Firm News

Life is often stressful, as is parenting. Some people turn to alcohol or other substances to self-medicate when they have high levels of stress. Occasionally turning to substances for comfort can become a dangerous habit.

People may develop substance abuse disorders or chemical addictions because they self-medicate. They may then feel compelled to continue taking certain substances regularly, often to the detriment of their health and personal ambitions. Parents who struggle with substance abuse issues may worry about whether their health struggles may affect their parental rights.

Those who have children with people who struggle with substance abuse may potentially want to use drug or alcohol abuse as a reason to limit the other parent’s time with or control over their shared children. How much of an impact can allegations of substance abuse or addiction have on contested custody proceedings?

Substance abuse can affect parenting

When parents do not agree on the terms for custody matters, they have to present information to a judge. Judges can then allocate parental rights and responsibilities based on what they think may be best for the children.

Accusations of substance abuse can influence what a judge believes is best when reviewing a litigated custody case. Frequently, parents who struggle with substance abuse cannot meet the needs of their children.

They may neglect their children while they are under the influence or may be unable to respond to an emergency that happens during their parenting time. In some cases, they may expose their children to dangerous substances or take them to unsafe locations in their desire to procure or consume alcohol or certain drugs.

Provided that the parent claiming there is a history of substance abuse has documentation to support their allegations, a judge may agree with them that the parent who drinks or uses drugs cannot fully share parental rights and responsibilities. Medical records, financial documents, witness testimony and police reports can all help substantiate allegations that one parent struggles with substance abuse and may not be able to fulfill parental responsibilities as they should.

Parents worried about the outcome of child custody proceedings may need help gathering evidence of unsafe circumstances or demonstrating how they have acted to address their prior substance abuse. Learning more about the factors that influence a judge’s determinations can be beneficial for those who want to obtain as much parenting time as possible.

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