A history of substance abuse – alcohol and/or drug use – is something a judge will consider when making a custody decision in California. Substance abuse could interfere with the parent’s ability to properly supervise and care for a child. It could also increase the risks of domestic violence and/or abuse. The courts will take allegations of substance abuse seriously during a custody case. They may require the accused parent to take a drug test, enroll in a substance abuse recovery program, or talk to a professional to assess his or her ability to care for a child.
If the courts believe substance abuse will impede a parent’s ability to care for a child, they may not grant that parent custody. The parent might only be able to visit with the child under supervision. The courts may reevaluate the situation and change a custody or visitation order in the future if the parent can prove he or she has received treatment or is enrolled in a rehabilitation or counseling program.
In a situation where the courts have already granted one parent custody or shared custody, and that parent begins abusing a substance, the other parent can request a modification of the custody agreement. The courts will investigate to determine if the allegations are valid. If so, a judge might alter a custody or visitation agreement to restrict the parent’s contact with the child until the parent can prove he or she is in recovery. A parent with an addiction may still have the right to supervised visitation. Each case is unique.