How does substance abuse impact custody determinations?

On Behalf of | Apr 1, 2025 | Child Custody

Substance abuse can significantly affect the outcome of a custody case in Colorado. Courts prioritize the best interests of the child, and substance use involving drugs or alcohol often raises major concerns. If a parent’s substance use interferes with their ability to care for their child, the court may adjust custody accordingly.

Signs courts look for in substance abuse cases

Courts examine consistent patterns of behavior rather than isolated incidents. Repeated DUIs, failed drug tests, or ongoing signs of substance use are taken seriously. Supporting evidence might include police reports, medical records, or witness testimony. Judges want to determine whether the parent’s behavior creates an unsafe or unstable home environment for the child.

How substance abuse affects parenting time

When judges find credible evidence of substance abuse, they may reduce or restrict parenting time. This could involve supervised visitation or temporary limits on overnight stays. Courts might also require the parent to complete a rehabilitation program or submit to regular drug or alcohol testing. These requirements aim to protect the child while giving the parent a chance to demonstrate improvement.

Steps to regain custody after substance issues

Parents who show real progress can request the court to review their custody arrangement. This includes completing treatment programs, maintaining sobriety, and living in a stable environment. Courts are more likely to expand parenting time when a parent shows consistent and meaningful improvement. Keeping detailed records and staying committed can help support a request for more time with the child.

The court’s top priority is the child’s safety and long-term well-being. While judges understand that recovery takes time, they won’t place a child in a potentially harmful situation. A parent who proves they’ve made lasting changes has a stronger chance of becoming more involved in their child’s life.

Categories