Parents often underestimate how seriously the courts take addiction-related concerns. If substance abuse is involved—yours or the other parent’s—you should never try to handle the case on your own. These matters require experienced legal guidance to avoid long-term damage to your relationship with your child.
Court’s Primary Concern: The Child’s Best Interests
Under Florida Statute §61.13, the court must evaluate custody arrangements based on what will best serve the child’s physical, emotional, and developmental needs. The law lists several factors the judge must consider, including each parent’s ability to provide a stable home, communicate with the other parent, and act in the child’s best interests. Substance abuse directly affects many of these factors.
If one parent struggles with alcohol or drug use, the court may question their ability to keep the child safe, supervise daily routines, and make sound decisions. The issue doesn’t need to involve criminal charges. Even a pattern of poor judgment or unstable behavior can raise red flags. If the court finds that substance abuse threatens the child’s welfare, it may limit or supervise that parent’s time with the child.
How Substance Abuse Is Proven in Court
Substance abuse can be proven in several ways. Typical forms of evidence include:
- Police reports or DUI records
- Medical records
- Positive drug tests
- Witness testimony
- Social media content
- A history of missed work or arrests
In some cases, one parent may ask the court to order drug or alcohol testing. The court has discretion to do so if there’s reason to believe substance use may harm the child. Without a lawyer, you may not know how to gather or challenge this type of evidence. You could fail to protect yourself—or your child—because you didn’t understand the legal process or your rights.
Possible Outcomes When Substance Abuse Is Involved
The court has several options when dealing with a parent who abuses drugs or alcohol:
- Supervised visitation: The court may allow time with the child only under supervision at a designated location.
- Temporary suspension of timesharing: In severe cases, the court may deny parenting time until the parent completes treatment and demonstrates a satisfactory level of improvement.
- Mandatory drug testing or rehab: A parent may be ordered to complete a program and remain sober to regain access to their child.
- Limited decision-making rights: A parent with active substance abuse issues may lose the right to make significant decisions about the child’s education, healthcare, or activities.
These decisions are not made lightly. But they can be life-changing. If you’re dealing with accusations of substance abuse—or if you’re concerned about the other parent’s behavior—an attorney is essential. Attempting to handle these issues alone can lead to unfair outcomes that are difficult to rectify later.
A Lawyer Can Help Protect Your Child and Your Rights
Custody cases involving substance abuse are emotional, complex, and often urgent. The judge must balance a child’s safety with the rights of both parents. Without legal support, it’s easy to make mistakes that could hurt your case. You might fail to present critical evidence, miss a deadline, or agree to a plan that doesn’t truly protect your child.
An experienced family law attorney understands how Florida courts view substance abuse and how to present your case in a clear and effective manner. Whether you’re seeking to limit the other parent’s access or defend your rights, legal guidance helps ensure a fair outcome.
If substance use is a factor in your custody case, don’t try to handle it alone. The Law Offices of Robert M. Geller can help you navigate this difficult situation with care and skill. Contact us today to schedule a confidential consultation. Your child’s future—and your relationship with them—deserve the support of a knowledgeable attorney.
