17th May 26 2:46 am
JamieIn 2026, the Pan American Health Organization (PAHO) stated that substance abuse was still a “growing public health concern in the United States,” with almost 20 million Americans struggling with some form of addiction disorder. Also in 2026, the Kaiser Family Foundation reported that 40% of people who consume alcohol in the United States admit to “binge drinking” within the last month. This suggests that addiction is a significant issue with many Colorado families. When these families begin to break apart, the issue of addiction can affect custody in complex ways. Some parents understand that their addiction recovery could potentially impact the amount of time they have with their kids after a divorce or breakup. On the other hand, a non-addicted parent might be concerned with the safety of their children when they visit the other, addicted parent. Whatever the case may be, a conversation with an experienced custody attorney in Colorado could help parents understand the balance between second chances and child safety during the addiction recovery process. Brandi M. Petterson, founding attorney of Colorado Divorce Law Group, has 14 years of divorce and family law experience, and she has litigated countless complex custody cases over the course of her career. Consider expanding on this topic by contacting Colorado Divorce Law Group at (720) 593-6442. We serve parents across Colorado.
Both parents should understand that custody decisions made by the family court revolve around the best interests of the children. Substance abuse could affect the best interests of the children, but not always. For example, a parent with a relatively mild dependence on cannabis or alcohol may not experience much of an issue during child custody proceedings. Both of these substances are legal in Colorado, and a parent could potentially keep their dependency under control in a way that does not affect their childcare responsibilities.
That being said, alcohol and cannabis can still affect child custody if they endanger the children. For example, the parent may tend to drive under the influence of these substances with the children in the vehicle. When a parent decides to pursue addiction recovery, they may experience more positive child custody outcomes immediately after the divorce. Alternatively, they could petition to modify custody and gain more parenting time in the future after “getting clean.”
Colorado family courts evaluate addiction recovery and child custody disputes by focusing on the best interests of the child, balancing parental rehabilitation with child safety concerns. Courts consider whether substance abuse, including alcohol or cannabis use, directly affects parenting ability or endangers the child, rather than automatically denying custody based on a history of addiction.
A parent alleging substance abuse must prove the issue by a preponderance of the evidence, often using financial records, medical documentation, treatment history, or evidence of unsafe conduct such as impaired driving with children. Successful addiction recovery may support improved custody outcomes or future modification petitions, as Colorado courts may grant increased parenting time when sustained sobriety aligns with the child’s best interests.
If a parent engages in substance abuse during the marriage or relationship, this may affect child custody outcomes. That said, the ex must prove that the substance abuse actually occurred to ensure these potentially negative outcomes. This is not always easy, and the ex will need to show a “preponderance of evidence” to satisfy the burden of proof. In other words, the ex-spouse must establish that the likelihood of the substance abuse problem existing is more than 50 percent. For example, the ex may choose to show the court receipts of excessive purchases at a local liquor store or marijuana dispensary. Cash transactions involving controlled substances could be more challenging to prove because they leave little to no paper trail.
The ex may also attempt to use medical records to establish a history of substance abuse. Examples include blood test results, potentially after traffic arrests. In addition, the ex might show the court that the other parent has attended addiction recovery counseling or treatment in the past. However, this evidence could prove to be something of a double-edged sword. The court could see addiction recovery treatment as a positive thing, as it shows that the parent is at least trying to get help with their issues. Depending on the stage of their recovery and how long they have been sober, addiction recovery treatment could help establish that the parent is fully able to handle the responsibility of shared custody.
Reach out to a skilled divorce lawyer at Colorado Divorce Law Group to learn more.
On the other hand, a parent has every right to protect their child from the potential danger of an ex with substance abuse problems. Although the mere existence of a substance abuse issue might not prevent shared custody, a concerned parent can highlight legitimate safety issues caused by the addiction in question. For example, the parent might have a habit of leaving extremely dangerous drugs on their coffee table. The addicted parent might also have a criminal record of driving while intoxicated with the children in the vehicle.
Even if a parent is clearly too dangerous to spend time with the children immediately after the breakup, things can change over time. Parents may successfully navigate addiction recovery treatment and “get clean.” At this stage, parents can petition to modify custody agreements and enjoy more time with their children. Assuming there are no other concerns regarding the best interests of the children, family courts are often willing to offer these “second chances” to recovered addicts. Those who wish to learn more about modification petitions after addiction recovery may wish to contact the Colorado Divorce Law Group.
Each journey through substance abuse is unique, and the most effective addiction recovery treatments depend entirely on the specifics of each person. Each family is also distinct, and each child has their own needs that may be affected by the complexities of addiction. As a result, online research may fail to provide the kind of targeted guidance families need to plan effectively for custody outcomes. That said, parents should understand the basic guidelines and rules that apply to virtually all custody cases.
One of these principles is the fact that a parent does not “automatically” lose custody simply because they have a history of substance abuse issues. Conversely, a parent has the right to protect their child from the dangers of an ex with serious substance abuse problems. A child custody attorney in Colorado may be able to help parents gain a more concrete understanding of the legal process ahead. Consider expanding on this subject by contacting Colorado Divorce Law Group at (720) 593-6442. We serve families throughout Colorado.
These FAQs and answers can help provide clarity about second chances at child custody when substance abuse is involved.
Colorado family courts focus on the best interests of the child when evaluating custody matters. Substance abuse becomes relevant when it affects parenting capacity, judgment, stability, or child safety. Courts examine whether the conduct creates measurable risks rather than relying solely on the existence of an addiction history.
A parent does not automatically lose custody because of prior substance abuse. The court evaluates current circumstances, including sobriety, treatment progress, and the impact on the child. Demonstrated recovery efforts may mitigate concerns if the parent can provide a safe and stable environment.
The parent raising concerns about substance abuse must typically prove the issue by a preponderance of the evidence. This means showing that it is more likely than not that the substance abuse exists and affects the child’s welfare. Evidence may include financial records, medical documentation, or documented unsafe behavior.
Yes, legal substances such as alcohol and cannabis may affect custody if their use endangers the child. Courts consider factors such as impaired driving, unsafe supervision, or exposure to hazardous environments. Lawful consumption alone does not determine custody outcomes.
A concerned parent may present evidence of conduct that places the child at risk, such as leaving dangerous substances accessible or driving while intoxicated with children present. Courts prioritize documented behavior that demonstrates a threat to the child’s well-being. Allegations without supporting evidence may carry limited weight.
Yes, sustained sobriety and successful treatment may justify a petition to modify custody. Colorado courts may consider whether changed circumstances support additional parenting time. Any modification must still align with the best interests of the child.
Courts may review participation in treatment programs, length of sobriety, compliance with court orders, and overall stability. Evidence of consistent employment, appropriate housing, and responsible decision-making may also influence custody determinations. Each case depends on its specific facts.
