Drug and alcohol concerns appear in a large share of contested custody cases. Sometimes the evidence is clear: an arrest, a failed test, a child found alone. Often it is murkier: drinking that has crept up, pills prescribed after an injury, a partner whose habits are unknown. For New Braunfels and Comal County parents, the question is not only whether a parent uses, but how that use affects the child’s safety. Texas courts have flexible tools to protect children while giving parents a realistic path to recovery. This page explains those tools, from the perspective of both the concerned parent and the parent under scrutiny.
Why It Matters to a Texas Court
Every Texas custody decision turns on the child’s best interest. Substance abuse can affect that analysis in several ways:
- Supervision. An impaired parent may not notice danger or respond to emergencies.
- Driving. Transporting a child while impaired puts the child at immediate risk.
- Stability. Addiction often brings job loss, housing problems and unpredictable behavior.
- Exposure. Children may encounter drugs, paraphernalia or unsafe people in the home.
- Emotional harm. Living with a parent’s addiction can cause long-lasting stress.
Use does not automatically decide the case. A court looks at the type and frequency of use, its effect on parenting, whether the parent recognizes the problem, and what steps they are taking.
Tools Courts Use
Testing
Texas courts can order drug and alcohol testing during a custody case. Common types include:
| Test | General use |
|---|---|
| Urinalysis | Recent use; often used for random testing |
| Hair follicle | Longer pattern of use over prior months |
| Nail testing | Longer pattern; sometimes used when hair is unavailable |
| Breath-testing devices | Alcohol use at scheduled times, often before or during possession |
| Continuous alcohol monitors | Ongoing alcohol detection over a period |
The order should state which test, how often, who pays and what happens if a parent refuses or fails. A refused or missed test is often treated much like a positive result.
Possession restrictions
Depending on the facts, a court may:
- require supervised visitation
- prohibit alcohol or drug use during, and for a period before, possession
- bar the child from riding with a parent who has been drinking
- limit or delay overnight visits
- require exchanges at a neutral place
- require completion of an assessment, treatment or classes
Conservatorship changes
Serious, ongoing substance abuse can affect conservatorship, including which parent designates primary residence or whether one parent is named sole managing conservator.
If You Are Worried About the Other Parent
- Keep the child safe first. If a parent is impaired at an exchange or while driving, call 911.
- Document carefully. Write down dates, times and what you observed. Save texts and photos. Get police report numbers.
- Do not set traps or record illegally. Get legal advice about what evidence you can lawfully collect.
- Ask for testing through the court, not by demanding it yourself.
- Follow the current order unless the court changes it. If danger is immediate, talk to a lawyer about emergency relief.
- Avoid exaggeration. Credibility is everything in these cases.
If there is an existing order, a material and substantial change in a parent’s substance use can support a modification.
If Your Own Use Is Being Questioned
Allegations do not mean you will lose your children. How you respond matters:
- Be honest with your lawyer. We can only protect you from facts we know.
- Do not refuse court-ordered testing.
- Consider a voluntary assessment. It can show the court you take the concern seriously, or provide evidence that no treatment is needed.
- Engage in treatment if you need it, and keep records of attendance.
- Avoid situations that create new evidence, such as drinking before exchanges or posting about parties online.
- Be careful with prescriptions. Keep documentation from your doctor, take medications as prescribed, and never share them.
Recovery is valued. Many parents who began with supervised visits later return to standard schedules after demonstrating sustained sobriety.
Building a Path Back
A well-crafted order can include a step-by-step plan, for example:
- supervised visits plus random testing for an initial period
- unsupervised daytime visits after a period of clean results
- overnights after continued compliance
- a return to the Standard Possession Order with continued alcohol restrictions
Clear benchmarks protect the child and give the recovering parent a goal to work toward.
Substance Abuse Cases in New Braunfels and Comal County
Our area’s rivers, festivals and tourism make social drinking part of local life for many families. That does not mean a parent cannot enjoy a day on the Guadalupe, but orders often include specific limits on alcohol during possession, especially on the water or behind the wheel.
If there is a related criminal case, such as a DWI or drug charge, coordinate your family law strategy with your criminal defense lawyer. Statements and pleas in one case can affect the other. If CPS is investigating, see CPS defense.
Paying for Testing and Treatment
Testing and monitoring cost money, and costs can add up over months. Orders commonly assign testing costs to the parent being tested, split them, or allow reimbursement if results come back clean. Treatment costs may be covered by insurance in some cases. Raise cost questions early, so a parent is not kept from complying because of an unaffordable testing schedule.
Protecting the Child Without Ending the Relationship
Most judges try to protect children while keeping both parents in their lives when that can be done safely. Orders that pair firm safeguards with a clear route back tend to work better than all-or-nothing approaches. Parents who keep that goal in mind, on either side of the case, often reach better results for their children.
Talk With a Comal County Family Lawyer
Substance abuse cases require care, evidence and a clear plan, whether you are protecting your child or proving you are ready to parent. Our office represents New Braunfels parents on both sides. Call (830) 302-4071 for a free consultation by phone, video or in person. Se habla español.
Frequently Asked Questions
Can a parent lose custody for using marijuana in Texas?
Marijuana remains largely illegal in Texas outside narrow medical programs, and use around children can be raised in a custody case. The court focuses on how use affects parenting and the child’s safety, not just whether use occurred.
What kinds of drug tests do courts order?
Courts may order urinalysis, hair follicle or nail tests, and alcohol monitoring such as breath-testing devices or ankle monitors. Different tests show different time windows, and the order usually specifies the type, timing and who pays.
Can I ask the court to drug test the other parent?
Yes. A party can request testing, and the court decides whether there is enough reason to order it. Specific facts, such as a recent arrest or observed impairment, make the request stronger.
Will a past DWI hurt me in a custody case?
It may be considered, especially if recent or if a child was in the vehicle. An older, isolated incident followed by a clean record usually carries less weight. Evidence of current sobriety matters.
Can a parent in recovery get custody?
Yes. Courts generally want children to have relationships with both parents, and documented recovery, such as treatment, clean tests and stable routines, can support restoring or expanding a parent’s time.
Last reviewed November 13, 2026. General information only, not legal advice.