Substance abuse charges, including DUI, drug possession, or a history of addiction and rehab, can seriously affect divorce proceedings and child custody outcomes in Texas. At Barrera Law Firm in Harlingen, we guide parents through these difficult situations with care, clarity, and strong legal advocacy.
Why Substance Abuse Matters in Texas Custody Cases
Under Texas law, the court’s top priority in any custody decision is the best interests and safety of the child. If a parent has a history of substance abuse or ongoing issues with drugs or alcohol, courts often view this as a potential risk to the child’s well-being.
Because of this:
- A DUI arrest, drug possession charge, or recent relapse can influence whether a parent is granted custody or visitation.
- Courts may impose limitations such as supervised visitation, mandatory drug testing, or even temporary suspension of parenting time, especially if there is evidence the child’s safety could be endangered.
Recovery and Rehabilitation Can Still Protect Your Rights
Substance abuse does not automatically disqualify a parent from custody or visitation. Texas courts may consider a parent’s commitment to rehabilitation, sobriety efforts, and ability to provide a stable, safe environment.
A parent who completes treatment, provides clean drug tests, stays engaged in recovery programs, and demonstrates responsible behavior still has a strong chance of maintaining or regaining parental rights.
What Parenting Plans Look Like When Substance Abuse Is Involved
When courts allow custody or visitation under substance abuse circumstances, parenting plans and court orders often include protective conditions:
- Mandatory drug or alcohol testing, sometimes at random or on schedule.
- Supervised visitation or no overnight visits until sobriety and stability are proven.
- Periodic reviews or modifications of custody orders if relapse or new charges occur.
These provisions help safeguard the child’s welfare while allowing a parent who is committed to recovery the opportunity to rebuild trust and a stable parenting role.
Why You Should Contact Barrera Law Firm
If substance abuse charges are part of your divorce or custody case, you’re not alone, and you don’t have to face it alone. Barrera Law Firm in Harlingen understands how Texas courts weigh these issues. We will:
- Assess the details of your case, including charges, rehab history, and home environment.
- Help you gather and present evidence of rehabilitation, stability, and readiness to parent responsibly.
- Build a protective, strategic parenting plan tailored for your circumstances.
- Advocate aggressively to preserve or restore your parental rights with the child’s safety and well-being as the focus.
Don’t wait. Custody and visitation rights can change quickly when substance abuse or criminal charges are involved. If you or your co-parent have substance abuse issues, contact Barrera Law Firm now for a confidential consultation.
Let us fight to protect your rights as a parent and to safeguard your child’s future.
If substance abuse charges are part of your divorce or custody case, contact Barrera Law Firm for experienced legal guidance tailored to protect your family and your rights. Call (956) 428-2822 or request a free consultation.
