The prevalence of parental drug or alcohol abuse as a condition for the removal of children from a home has increased more than two-fold from 2000 to 2020. Countrywide the figure was 18.5% in 2000 and has since ballooned to 39% in 2020. The prevalence varies from state to state, with Texas and Indiana leading the way. It is important to note that this does not suggest more serious problems with parental drug or alcohol use in those states, but rather how the law is applied.
For example, in Maryland, a new law dictates the state cannot remove children solely for parental cannabis use. In 2020, 9% of newborns exposed to a substance in Maryland were removed from their parents. Advocates point to the “complex and long-lasting harms” that occur when children are placed in foster care, but not all states hold the same position.
In custody decisions, the consideration of a parent’s substance abuse most typically falls under a parent’s continual or habitual abuse of the substance. In Arizona, judges are required by law to presume it is not in the child’s best interest to remain in sole or joint custody when a recent history of substance abuse has been proven. In general, if there is convincing evidence of a parent’s habit or continued behavior, that is enough to provide the judge with sufficient leeway to either completely strip a parent’s parenting time or fall somewhere in the middle.
What about a DUI?
One of the most common questions:
“I don’t have a drinking problem but I just got this one DUI. Can I lose custody of my child?”
Overall, the chances are slim. But some aggravating factors could most certainly result in a custody loss:
- The level of your BAC (blood alcohol concentration) – the higher the level the worse;
- A child in the car while under the influence.
The second point could most certainly result in a custody loss.
What about recreational, light-drug use?
Another common question:
“I just eat cannabis gummies on the weekends, and I store them where my kid can’t find them. Is this a big deal?”
If you had asked this question a decade ago the answer would have been dramatically different. But nowadays, recreational drug abuse absent any incidences where the child has been placed in danger should not affect custody issues. A judge would more than likely view recreational drug use in a negative light if you:
- Leave drugs (nothing heavy like cocaine or heroin) in an area where your child could find them;
- Are regularly exposing your child to second-hand marijuana smoke;
- Arrive visibly high to pick up your child for your parenting turn.
It is important to know your state laws as the variance can be quite drastic from state to state.
