Drug or alcohol problems make custody cases much harder. If you have an addiction or your child’s other parent does, Arizona judges will look at this closely when deciding where your child should live.

Having a substance abuse problem doesn’t mean someone automatically loses their kids. But it does change how the court decides things like legal decision making and parenting time. Judges have to think about two important things: parents should be able to see their children, but kids need to be safe.

The court’s main job is protecting your child. If addiction puts a child at risk, the judge will make changes to legal decision making and parenting time. This might mean supervised parenting time, required drug testing, or completing treatment programs before getting more time with your child.

At Blake & Pulsifer, PLC, our Tempe child custody lawyers understand how difficult substance abuse is, especially during the divorce process. No matter what side you’re on, we’ll put your children first and give you the tools you need to protect your parenting rights. Give us a call at 480-838-3000, and we can help you figure out your next steps.

Arizona’s Approach to Addiction in Custody Cases

Arizona has a specific law (Arizona Revised Statutes 25-403.03) that affects parents with drug or alcohol problems. This law says that if a parent has a history of substance abuse or domestic violence, the court starts with the idea that this parent probably shouldn’t get parenting time or make major decisions for the child.

So if you have a history of addiction, the court may start with the presumption that it’s better for your child to live mainly with the other parent.

This presumption is rebuttable by presenting evidence to show that it is in the child’s best interests for that parent to be involved in their lives more significantly. Evidence like completing treatment, staying sober for a certain time, or taking other steps to prove a person who suffers from addiction can safely parent your child can be considered by the Court.

The parent with the addiction history has an uphill battle to keep or obtain equal parenting time and joint legal decision making.  They need to show clear proof that their child will be safe with them.

This doesn’t mean they lose their parental rights forever. Many parents overcome this presumption by getting clean, following treatment plans, and showing they can provide a stable home for their children.

Types of Substance Abuse Courts Consider

Arizona courts evaluate all forms of addiction:

  • Alcohol abuse, including DUI convictions and drinking-related incidents
  • Illegal drugs, such as cocaine, heroin, methamphetamine, or even marijuana
  • Prescription drug abuse, including misuse of opioids, benzodiazepines, or stimulants
  • Poly-substance abuse involving multiple substances

How Courts Evaluate Addiction in Cases with Minor Children

Arizona judges don’t make assumptions about addiction. They require concrete evidence to make parenting time and legal decision making orders.

Evidence that may be considered includes:

  • Criminal records showing drug-related arrests or DUI convictions
  • Failed drug tests ordered by the court or documented by employers
  • Medical records indicating substance abuse treatment or overdoses
  • Witness testimony from family, friends, or professionals who observed impairment
  • Child welfare reports documenting neglect or endangerment due to substance use
  • Employment issues like job loss or disciplinary action related to substance abuse
  • Completion of inpatient or outpatient treatment programs
  • Regular attendance at AA, NA, or other support group meetings
  • Clean drug test results over an extended period
  • Employment stability and housing security
  • Testimony from sponsors, counselors, or sober living managers
  • Participation in ongoing therapy or counseling

Common Questions from Parents regarding addiction:

“Will I lose my child forever if I’m addicted?”

It depends. Arizona courts prefer to maintain parent-child relationships when possible. However, staying sober is incredibly important for a child’s stability and well being.

“How long does someone need to be sober to get custody back?”

There’s no magic number, but courts typically want to see prolonged sobriety, stable living situation, and steps toward long term change, like attending programs or therapy.

“Can an addicted parent get supervised visitation while in treatment?”

Often yes. Courts may allow supervised visits even during early recovery, especially if the parent is actively participating in treatment and there is no immediate danger to the child.

“What if there is a relapse?”

The Court appreciates honesty and may adjust timelines rather than terminate parental rights for one relapse. However, repeated relapses and a failure to take proactive steps to heal from addiction will be considered.

Contact Our Arizona Child Custody Lawyers Today

If addiction is affecting your custody situation, don’t wait to get help. Contact Blake & Pulsifer, PLC at 480-838-3000 to speak with experienced Arizona child custody attorneys who understand the challenges of addiction and children. Our family law firm can help!