If one parent has a history of alcohol or drug misuse, it doesn’t mean they lose the chance to be a parent—but it does mean the parenting plan needs to include clear measures to keep children safe while supporting that parent’s recovery.
Courts across the U.S., including in Colorado, are moving toward more balanced, trauma-informed, and safety-focused approaches when substance use is part of the picture. Below is a breakdown of how this is typically handled, and how you might address it in your parenting plan.
How Courts View Substance Use in Parenting Cases
- Safety comes first. Courts prioritize the safety and well-being of children over everything else.
- Substance use ≠ unfit parent. Having a substance use disorder (SUD) doesn’t automatically disqualify a parent—but the court will look for clear signs that the parent is actively managing their recovery.
- Consistency and clarity matter. Judges prefer structured plans with clear expectations and built-in monitoring.
- Support over punishment. Most family courts recognize that relapse can be part of recovery and are more focused on accountability and progress than on punishment.
Key Ideas to Include in a Parenting Plan
These suggestions are based on family law best practices, and can be tailored to fit your family’s situation.
1. Alcohol and Drug Use Restrictions
Example:
Neither parent will use alcohol, marijuana, or non-prescribed substances within 24 hours prior to or during parenting time. If there is reasonable suspicion of use, the concerned parent may request a same-day test.
2. Random Testing
Example:
If there are concerns about sobriety, either parent may request a urine test or breathalyzer through an agreed-upon provider. Refusal to test or a positive result may result in a temporary suspension or modification of parenting time, pending review.
3. Supervised Parenting Time (Short-Term)
Example:
Parenting time for [Parent] will begin under professional or third-party supervision. Supervision will be reviewed every 30–60 days and may be reduced as [Parent] shows consistent sobriety and engagement in recovery.
4. Participation in Recovery/Treatment
Example:
[Parent] agrees to attend a treatment program, therapy, or mutual support group (e.g., AA/NA) regularly, and to provide verification upon request. This is intended to support their continued recovery and help reestablish trust.
5. Firearm Safety
Example:
All firearms will be stored in a locked container, inaccessible to the children, with ammunition stored separately. Proof of compliance may be requested at any time.
6. Emotional and Verbal Conduct
Example:
Both parents agree to refrain from yelling, threatening language, or disparaging the other parent in front of the children. The emotional safety of the children is a shared priority.
7. Communication and Incident Reporting
Example:
Parents agree to inform one another of any incidents (e.g., injury, behavioral issues, police contact) that occur during their parenting time within 24 hours.
8. Reunification and Review Schedule
Example:
Parenting time will be reviewed every 60 days. If [Parent] shows sustained sobriety and consistent parenting, the plan may gradually increase toward equal time, based on the children’s needs and best interests.
Final Thoughts
Substance use issues can make parenting decisions more complex—but they don’t have to destroy the parenting relationship. A well-written plan protects your kids and gives the recovering parent a clear path forward.
If you’re not sure how to phrase these terms or need help coming to agreement, we recommend working with a mediator or parenting coordinator who has experience with substance use concerns.
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