If you’re struggling with drug or alcohol addiction and facing a custody dispute, you may be extremely concerned about losing time with your child. You may feel like every mistake you’ve made will define you as a parent or worry that your addiction means the court has already decided you don’t deserve to be part of your child’s life. When your relationship with your child feels like it’s hanging in the balance, it’s easy to fear the worst.
The good news is that substance abuse does not automatically mean you’ll lose parenting time. Instead, courts look at:
- Whether your addiction places your child in an unsafe situation
- Whether parenting time can continue with restrictions like supervision, testing, or treatment requirements
- Whether you can regain unrestricted parenting time by demonstrating sobriety and stability
At the Law Offices of Michael A. Robbins, our attorney has helped parents work through difficult parenting time matters since 1982. If you have concerns about your role in your child’s life after separation or divorce, our firm is ready to answer your questions.
How Does a Judge Decide Whether Substance Abuse Makes Parenting Time Unsafe?
Michigan courts use a best-interests-of-the-child standard when making any parenting time decision. A substance abuse issue becomes legally significant when it affects your ability to provide safe, stable, and consistent care. A judge will typically examine a range of factors rather than treating addiction as an automatic disqualifier.
Some of the most common considerations include:
- Whether the substance use is ongoing or belongs to the past
- Whether you used drugs or alcohol while caring for your child
- Whether the substance abuse contributed to neglect, unsafe decisions, or unpredictable behavior
- Whether you acknowledge the problem and are actively working to address it
- Whether there is evidence of relapse, refusal to seek treatment, or continued high-risk behavior
- Whether the other parent or another party sought emergency custody or a protective order due to concerns about the substance abuse
A parent who is honest about their struggles and actively pursuing recovery is often viewed very differently than one who denies the issue or refuses treatment.
What Kind of Parenting Restrictions Can a Court Put in Place?
If a court finds that substance abuse is a concern, losing all parenting time is rarely the immediate outcome. Judges recognize that a parent’s involvement carries real value for a child, and they will typically look for alternatives before imposing a complete restriction. Most courts have a range of options that fall between unrestricted parenting time and no contact at all, and they have the discretion to order whatever restrictions best fit the situation.
Common parenting time restrictions include:
- Supervised Visitation: A responsible adult or a professional monitor is present during your time with your child. This allows the relationship to continue while giving the court confidence that your child is safe.
- Drug or Alcohol Testing: Courts may order random screenings or require documented proof of sobriety. Testing gives the court an objective way to assess whether parenting time can safely continue or expand.
- No-Use Policies: A judge may prohibit any consumption of alcohol or drugs during or before parenting time. Violating this type of order can lead to further restrictions or loss of parenting time altogether.
- Substance Abuse Treatment: Courts frequently require participation in counseling, rehabilitation programs, or other structured treatment before modifying custody arrangements. Completing a program sends a clear signal that you are committed to your child’s well-being.
These measures are not punishments. They are the court’s way of creating a structure that protects your child while giving you the opportunity to demonstrate that your situation has changed.
Can a Parent Get Their Full Parenting Time Back After Completing Treatment?
This is one of the most important questions parents in this situation ask, and the answer is yes, it is possible. Courts are not looking to permanently separate a parent from their child when recovery is a realistic outcome. Parenting time restrictions are often designed to be temporary.
To work toward restoring or expanding your parenting time, you will generally need to show meaningful, sustained improvement. That typically includes:
- Successfully completing a substance abuse treatment program
- Maintaining sobriety over time
- Following all court-ordered requirements consistently
- Attending scheduled visits reliably and demonstrating responsible parenting during that time
- Providing a stable and safe home environment
Courts want children to have healthy relationships with both parents whenever that is safely possible. A parent who takes recovery seriously and meets the court’s requirements builds a strong case for expanding parenting time. Working with a skilled child custody attorney can also help you regain parenting time. They can present your progress effectively to the court, advocate for your rights, and advise you on what steps to take next.
Your Addiction Doesn’t Have to Define Your Future as a Parent
Substance abuse does not automatically end your relationship with your child. Courts consider many factors, including your commitment to recovery, your consistency as a parent, and the stability of your home environment. Taking meaningful action and working with an experienced attorney to present your progress clearly can make a difference.
Attorney Michael A. Robbins has dedicated his career to family law matters. He is nationally recognized for his advocacy and legal experience, and he understands how much is at stake when your time with your child is on the line. If you are facing parenting time concerns related to substance abuse, schedule a confidential consultation with our firm.