LEGAL RESOURCES
Addiction and Child Custody in Texas
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How Does Substance Abuse Affect Child Custody?
Allegations of alcohol abuse or drug addiction frequently arise during Texas divorce and child custody cases. Understandably, parents are concerned about the safety of their children and want to know whether a history of substance abuse will affect conservatorship or possession.
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The answer depends upon the evidence.
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Texas courts do not automatically restrict a parent’s rights simply because someone alleges alcoholism or drug use. Instead, the court focuses on whether the evidence demonstrates that a parent’s substance abuse affects the health, safety, or welfare of the child. Like every custody dispute, the court’s primary consideration is the best interest of the child. See Tex. Fam. Code § 153.002.
Allegations Alone Are Not Enough
Family courts hear accusations of drug and alcohol abuse on a regular basis. Because of the seriousness of those allegations, judges generally require evidence rather than speculation.
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A parent should be prepared to present admissible evidence supporting the claim. The stronger the evidence, the more likely the court will consider restrictions designed to protect the child.
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Simply believing the other parent has an addiction is rarely sufficient.
What Evidence Can
Be Used?
Substance abuse may be established through many different forms of evidence.
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The court may consider criminal records involving intoxication offenses, DWI convictions, public intoxication, drug possession, or other alcohol- or drug-related offenses. Medical records, rehabilitation records when admissible, admissions made by the parent, text messages, social media posts, photographs, videos, witness testimony, and lawfully obtained recordings may also become relevant.
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Receipts may also become important evidence. Frequent purchases from liquor stores, bars, or other alcohol retailers may corroborate other evidence of excessive alcohol consumption, particularly when viewed together with testimony or other documentary evidence.
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No single piece of evidence is usually dispositive. The court evaluates the entire record.
Alcohol Testing May Be Ordered
When alcohol abuse is genuinely disputed, Texas courts have several tools available to verify sobriety.
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One of the most common is Soberlink, a remote alcohol monitoring system that requires a parent to submit breath samples at scheduled intervals throughout the day. The system records both the breath alcohol result and the identity of the person taking the test.
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Courts often use Soberlink as a condition of expanded possession or as an alternative to supervised visitation because it allows frequent monitoring while permitting the parent to maintain a relationship with the child.
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Another common form of alcohol testing is a PEth (Phosphatidylethanol) test. Unlike a breath test, which measures current intoxication, a PEth test detects alcohol consumption over a longer period of time and is often used to evaluate patterns of heavy drinking during the preceding several weeks.
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Depending upon the facts of the case, the court may require one or both forms of testing.
Drug Testing Is
Also Common
When illegal drug use is alleged, courts frequently order drug testing through independent laboratories.
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A 10-panel urine drug screen is one of the most commonly ordered tests and generally screens for multiple categories of controlled substances. Depending upon the allegations, the court may also order hair follicle testing, nail testing, or other scientifically accepted methods of drug testing.
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Testing should ordinarily be performed through a reputable, accredited testing facility that follows recognized chain-of-custody procedures. Home testing kits are generally less persuasive than professionally administered testing because laboratory testing provides greater reliability and reduces disputes regarding the integrity of the sample.
Courts Often Require Testing Through Established Facilities
Judges typically prefer testing performed by established laboratories and medical testing facilities rather than informal testing arranged by one of the parties.
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Professional facilities maintain documented chain-of-custody procedures, specimen integrity protocols, laboratory confirmation testing, and written reports that are more easily admitted into evidence.
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Using recognized testing facilities also reduces the likelihood of later disputes concerning the validity of the results.
The Court May Enter Injunctions Regarding Alcohol and Drug Use
If the evidence supports it, the court may enter temporary or final orders prohibiting a parent from consuming alcohol during periods of possession or within a specified number of hours before exercising possession.
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Likewise, the court may prohibit the use of illegal drugs or the misuse of controlled substances throughout the pendency of the case.
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These injunctions are designed to protect the child while allowing the parent to maintain a relationship with the child when appropriate.
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The precise language of the order depends upon the evidence presented and the level of risk identified by the court.
Inpatient or Outpatient Treatment May Be Required
In cases involving significant substance abuse, the court may require a parent to complete substance abuse treatment before expanding possession or removing supervision requirements.
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Depending upon the circumstances, treatment may include inpatient rehabilitation, intensive outpatient treatment, substance abuse counseling, Alcoholics Anonymous (AA), Narcotics Anonymous (NA), random testing, continued Soberlink monitoring, or compliance with recommendations made by licensed treatment professionals.
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The goal of these requirements is not punishment. Rather, the court seeks to protect the child while encouraging long-term recovery and safe parenting.
Substance Abuse Does Not Automatically Terminate Parental Rights
A history of addiction does not automatically prevent a parent from maintaining a meaningful relationship with his or her child.
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Many parents successfully recover from substance abuse and continue to play an active role in their children’s lives.
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Texas courts recognize that recovery is possible. A parent who voluntarily seeks treatment, complies with testing, follows medical recommendations, and demonstrates sustained sobriety is generally in a much stronger position than a parent who denies obvious problems or refuses reasonable monitoring.
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The court’s focus remains on the child’s safety and the parent’s current ability to provide a stable environment.
Fergus & Tomanka Represents Parents in Substance
Abuse Cases
Cases involving allegations of alcohol or drug abuse require careful preparation and reliable evidence. Testing protocols, expert testimony, treatment records, and temporary orders often determine the outcome of conservatorship and possession disputes.
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At Fergus & Tomanka, we regularly represent parents throughout Central Texas in custody cases involving substance abuse allegations, Soberlink monitoring, PEth testing, urine drug testing, hair follicle testing, rehabilitation requirements, supervised visitation, and modifications of conservatorship. We work to protect children while ensuring that the court’s decisions are based on credible evidence rather than unsupported allegations.
Call (512) 291-6952 to setup a consultation with one of our attorneys OR simply Make An Appointment on your own!
These issues can be quite difficult to handle on your own due to the legal complexity and emotionally-charged nature of the proceedings. It’s best to consult with an experienced family law attorney in your area.