Custody battles are tough enough, right? But throw in the gut-wrenching accusation of substance abuse, and everything can begin to feel like it’s spinning out of control. Whether you’re terrified for your child’s safety or fighting to protect your bond with them, the stakes just skyrocketed. Think about it: your child’s future hangs in the balance, and a judge is weighing serious concerns about substance use. It can be a pressure cooker.
Before panic sets in, let’s be clear: in Colorado family courts, your child’s well-being is the top priority. That means substance abuse allegations are taken incredibly seriously. However, it’s not always a black-and-white situation, and an accusation does not automatically strip away parental custody rights.
Ready to understand precisely what Colorado courts look at when substance use becomes a factor? Curious about the right way to bring up these serious concerns? We will explain what you need to know to navigate this challenging chapter in your life.
Why Courts Care About Parental Substance Abuse
Colorado law requires that all custody decisions serve the best interests of the child. If a parent’s drug or alcohol use threatens a child’s physical or emotional safety, the court has a legal duty to respond. However, courts don’t punish parents simply for having a past. Instead, they look at whether the substance use:
- Poses a current and ongoing risk to the child,
- Interferes with a parent’s ability to meet the child’s needs, or
- Has resulted in past harm or instability.
In other words, context matters. A single incident might raise concerns, but long-term patterns or dangerous behavior carry far more weight.
How to Prove Drug Use in a Custody Case
If you’re concerned, you likely want to know how to prove substance abuse in a custody case. It’s essential to come to court with clear, specific evidence, as judges will not act on accusations alone. They need documentation showing a behavior pattern and its impact on the child before they will modify custody orders. Below are common forms of evidence parents use to demonstrate substance use:
- Police or arrest records—especially those related to possession, use, or endangering a child;
- Reports from therapists, counselors, or social workers—documentation on how substance use is impacting the child’s mental health or home environment;
- Eyewitness testimony—statements from family members, neighbors, or professionals who’ve observed concerning behavior;
- Missed parenting time or erratic behavior—if the parent routinely fails to show up or acts unpredictably;
- Rehab or treatment documentation—if the other parent has been in or dropped out of recovery programs; and
- Social media or communications—posts or messages that suggest ongoing or unsafe use.
If you’re raising this issue in court, focus on how the behavior affects your child, not just how it happened.
Proving the Nexus Between Substance Abuse and Child Custody Concerns
Successfully proving the impact of substance abuse on child custody means showing the court how the child’s safety, development, or emotional health is at risk. Many parents make the mistake of focusing solely on the substance use itself. However, the court cares about parenting ability, not moral judgments. Some ways to show the connection include:
- Teachers and caregivers. Testimony from teachers or childcare providers about changes in the child’s behavior can be impactful in court.
- Unsafe conditions. Evidence or descriptions of instances where the child was left unsupervised or in unsafe situations can illustrate the connection between substance use and risky parenting behaviors.
- School, sleep, or mood. You can keep records or journals detailing your child’s sleep or mood fluctuations and how they correlate to the co-parent’s substance abuse. You can also use school attendance records to show that the substance use led to the child missing school, if applicable.
- Child’s fear. Presenting evidence that the child has expressed fear, confusion, or distress related to the parent’s substance use can help make your case.
These facts can persuade a court to take action, whether that means ordering supervised visitation, requiring treatment, or limiting parenting time.
What Courts Consider a Pattern of Substance Abuse
Not all substance use is treated equally. Courts look for signs that a parent has a pattern of behavior that creates risk. Occasional or historical use won’t necessarily result in custody changes, especially if the parent is compliant with treatment or sober living conditions. Red flags judges look for include:
- Multiple arrests or legal incidents related to drugs or alcohol,
- Recent relapse after a period of sobriety,
- Refusal to engage in treatment when recommended,
- Violations of existing court orders tied to sobriety, and
- Ongoing instability, such as inconsistent housing or employment.
If these elements are present, the court may view the behavior as part of a more significant issue that requires legal intervention.
How to Prove Alcoholism in Custody Cases
Co-parents who see the other parent’s drinking affecting their child often wonder how to prove alcoholism in custody cases. As with drug use, it’s important to document both the drinking itself and its impact on parenting. The legal system distinguishes between recreational or social drinking and alcohol dependence that impairs judgment or puts a child at risk. You may have a stronger case if:
- The other parent has a history of alcohol-related arrests (e.g., DUI or public intoxication);
- There’s proof of drinking during parenting time or school pickups;
- The parent has failed to comply with alcohol-related treatment; or
- The child has expressed fear or described unsafe situations tied to alcohol use.
You don’t need to prove rock-bottom addiction, but you need to show how drinking affects the child’s well-being and stability.
How to Prove Substance Abuse in Divorce
If your custody case is happening as part of a divorce, addressing how to prove substance abuse in divorce may be more complex and more urgent. You may need to act quickly to request temporary orders or emergency protections while the court investigates. Here are some common steps to consider:
- Raise the issue in your initial filings or response—include a request for testing or restrictions if necessary;
- Submit supporting documentation—police reports, texts, treatment records, or statements from third parties;
- Request a Child and Family Investigator (CFI) or Parental Responsibilities Evaluator (PRE) evaluation—especially if there are multiple disputed issues in your case; and
- Keep records of everything—missed visits, erratic behavior, or anything that demonstrates a risk to the child.
Your attorney can help you determine the best legal approach based on the timing and seriousness of the behavior.
Why Colorado Families Turn to Plog & Stein P.C. for High-Conflict Custody Cases
At Plog & Stein P.C., we have spent over 20 years helping parents protect their children and navigate high-stakes custody battles. Our attorneys specialize exclusively in family law, bringing talent, skill, and passion to every case.
We understand how to distinguish fact from fiction and assist our clients in presenting robust, evidence-based arguments in court. Whether you’re seeking protection for your child or confronting allegations yourself, we’re here to advocate for a result that prioritizes your family’s future.
Protecting Your Child Starts with Knowing Your Legal Options
If you’re dealing with substance abuse and child custody issues, it’s essential to act quickly and thoughtfully. Whether you’re the parent raising concerns or responding to them, the steps you take today can shape your child’s future for years. Contact us now.
