Substance abuse is one of the most significant factors in Texas custody cases. When one parent struggles with alcohol or drug addiction — or when a parent believes the other does — it changes the entire landscape of the case. Courts take it seriously. Judges have seen the harm it causes to children. And if you’re the parent raising the concern, how you present it matters enormously.
How Texas Courts View Substance Abuse
Under the Texas Family Code, courts must consider the best interest of the child in all custody determinations. Substance abuse goes directly to several of the Holley factors — particularly the emotional and physical danger to the child, the parental abilities of the individuals seeking custody, and the stability of the home environment.
A parent with an active addiction is not automatically disqualified from custody or visitation. But active substance abuse — especially when it occurs in the child’s presence or impairs the parent’s ability to care for the child — can lead to supervised visitation, restricted possession schedules, or in extreme cases, termination of parental rights.
What “Active” Substance Abuse Looks Like to a Court
Courts distinguish between past substance abuse and current, active abuse. A parent who struggled with addiction years ago, completed treatment, and has maintained sobriety is in a very different position than a parent who is actively using.
Evidence of active abuse that courts find persuasive includes:
- Positive drug or alcohol tests — court-ordered or voluntary
- DWI or drug-related criminal charges during the case
- Police reports or CPS records documenting substance abuse
- Medical records showing treatment for addiction
- Witness testimony from people who observed the behavior
- Text messages, social media posts, or videos showing intoxication
- The child’s own statements (through a guardian ad litem or therapist)
How to Document It
If you believe the other parent has a substance abuse problem, your job is to build a documented record — not to make accusations without evidence. Here’s how:
Keep a contemporaneous log. Every time you observe concerning behavior, write it down — date, time, what you observed, any witnesses. Do this immediately while details are fresh.
Request drug testing through the court. You can file a motion requesting that the court order both parties to submit to random drug testing. Courts grant these when there’s a reasonable basis for concern. Positive tests become powerful evidence.
Preserve communications. Save any texts, voicemails, or messages where the other parent references drinking or drug use, or where their behavior suggests impairment.
Document the child’s condition after visits. Note any behavioral changes, statements the child makes (without probing or coaching), or physical signs that concern you after parenting time.
What Not to Do
Don’t make unfounded allegations. If you accuse the other parent of substance abuse without credible evidence and the court investigates and finds nothing, you’ve damaged your own credibility. Courts see weaponized abuse allegations regularly and are attuned to them.
Don’t coach your child. If you’re asking your child leading questions about the other parent’s drinking or drug use, and the court discovers it — through the GAL, a counselor, or otherwise — it will seriously undermine your position.
If You Are the Parent With a History of Substance Abuse
Your path forward is about demonstrating sustained recovery. Complete a treatment program. Attend AA, NA, or another support group consistently. Maintain sobriety and document it — clean drug tests, sponsor letters, program completion certificates. Show the court through action over time, not just words, that the risk has passed.
Courts want to support parent-child relationships wherever it’s safe to do so. Recovery is possible, and courts recognize it — but you have to build the record.
Substance abuse cases require careful strategy on both sides. Let’s talk through your specific situation before you take your next step.
Call: 830.507.3250 | ben@prosecoachtx.com
— Ben Schooley, Pro Se Coach