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The Impact of Substance Abuse on Child Custody Cases

Updated: Mar 28, 2025 @ 6:26 am

Less than 1 minute Reading Time: Minutes

In Galveston County child custody cases, nothing weighs more heavily on the court’s decision than your child’s safety and welfare. As a family law attorney serving Galveston County, I’ve seen firsthand how allegations of substance abuse can dramatically shift custody outcomes. Understanding how substance abuse impacts these proceedings can help you better prepare your case and protect your parental rights.

How Texas Courts Assess Substance Abuse in Custody Cases

In Texas, family courts focus primarily on the best interests of the child. When substance abuse allegations arise, courts consider the severity, frequency, and impact of the abuse on parenting abilities. According to Texas Family Code Section 153.002, judges are mandated to ensure custody decisions safeguard the child’s well-being.

Evidence such as police reports, drug testing results, criminal records, witness testimonies, and expert evaluations all play pivotal roles. If you’re facing allegations, promptly addressing them and showing a proactive approach toward treatment can significantly improve your position.

Consequences of Substance Abuse Allegations

If substance abuse allegations are substantiated, findings can drastically affect custody arrangements. The court may:

  • Limit visitation rights or mandate supervised visitation.
  • Order drug testing or participation in rehabilitation programs.
  • Alter primary custody arrangements, awarding custody to the other parent or even third-party relatives if both parents are deemed unfit.

Each decision is tailored to protect the child’s health and emotional stability.

Does Child Preference Matter in Texas Custody Cases?

Proactive Steps You Should Take

If substance abuse becomes a factor in your custody case, taking immediate action is critical:

  1. Seek Treatment Immediately: Enrollment in recognized rehabilitation programs shows the court your dedication to personal improvement.
  2. Document Your Progress: Maintain detailed records of counseling sessions, support group meetings, and clean drug tests.
  3. Engage an Experienced Family Attorney: Professional legal guidance helps manage allegations strategically, presenting your case effectively in Galveston Family Court.

Defending Against False Allegations

Sadly, false allegations of substance abuse are not uncommon during heated custody battles. Protect yourself by:

  • Promptly undergoing voluntary drug tests.
  • Keeping detailed visitation logs and records of interactions with your children.
  • Working closely with your attorney to swiftly counteract false claims with credible evidence.

Get Experienced Representation in Galveston County

At Tad Nelson & Associates, we understand the complexities involved in custody disputes involving substance abuse allegations. Attorneys Tad Nelson and Amber Spurlock bring decades of experience to Galveston County families, ensuring your rights are vigorously protected.

Don’t face these challenges alone. Contact us today at (409) 904-0043 or through our contact form to schedule a consultation and begin building your strongest case possible.

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