Alcohol, Substance Use, and Child Custody in Colorado

Alcohol or drug use by a parent is one of the most common concerns in Colorado custody cases. It can change parenting time and decision-making, but not automatically, and the outcome depends on how the use affects the child.

This page explains how the court evaluates substance use, the evidence that matters, the safeguards courts use, and how recovery is weighed. If a child is in immediate danger, an emergency motion or protection order is a separate and faster process.

Custody in Colorado: Parenting Time and Decision-Making

Colorado allocates child custody as two parts: parenting time, meaning the schedule, and decision-making responsibility for major issues such as education and health care. Both are decided on the child’s best interests, giving paramount consideration to the child’s safety.¹

How Substance Use Fits the Best-Interest Factors

The court considers the mental and physical health of everyone involved, along with the other best-interest factors.² Substance use is evaluated through that lens, by its effect on the parent’s ability to care for and protect the child.

The court does not consider conduct that does not affect a parent’s relationship to the child.³ Occasional lawful drinking away from the children is treated very differently from impairment during parenting time, driving with the children, or use that leaves a child unsupervised.

Restricting Parenting Time

A parent keeps parenting time unless the court finds, after a hearing, that it would endanger the child’s physical health or significantly impair the child’s emotional development.⁴ When it restricts parenting time, the court must state specific findings and may set conditions the parent can meet to seek a change.

That framework makes substance use cases about proof. Allegations alone rarely restrict parenting time; documented incidents and their effect on the child do.

Evidence That Matters

• Police reports, DUI records, or child welfare involvement.
• Texts, photographs, or witnesses showing impairment during parenting time.
• Missed exchanges, school absences, or medical visits linked to use.
• Results of court-ordered testing, evaluations, or remote alcohol monitoring.
• Treatment records and progress reports, for a parent showing recovery.

Substance use cases turn on documentation, and the same records can show either risk or recovery. Johnson Law Group offers a no-pressure consultation to plan what to gather, so schedule a consultation before the next hearing.

Safeguards Courts Use

Rather than cutting a parent out, courts often build safety into the plan. Common conditions include no use during or before parenting time, testing or remote monitoring, supervised parenting time, and exchanges at a neutral location.

In cases involving domestic violence or child abuse, the statute allows orders barring a parent from alcohol or controlled substances during parenting time.⁵ The order can also cover the 24 hours before parenting time begins.

Recovery and Changing the Order Later

Courts look favorably on a parent who acknowledges a problem and engages in treatment. Restrictions are often written with steps, so parenting time can expand as a parent shows sustained sobriety.

If circumstances change in either direction, either parent can ask to modify the plan. Modifying custody orders in Colorado explains the standards that apply.

Talk With a Colorado Child Custody Attorney

Whether you are concerned about a co-parent’s use or working on your own recovery, the plan the court approves should protect the child and be realistic to follow. Johnson Law Group is here to help.

The attorneys at Johnson Law Group handle custody cases involving substance use on both sides and will give you a clear read on what the court is likely to require. Schedule a free consultation through our Colorado offices, and we will serve as your North Star from here.

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