How Can I Protect My Children from Their Alcoholic Parent’s Child Custody in Texas?

Ensuring the well-being and safety of children is a primary concern for every parent. But what happens when the other parent’s alcohol abuse becomes a potential threat? At DSS Family Law in Austin, Texas, we frequently assist clients who grapple with this very challenge.

The Impact of Alcohol Abuse on Children

Beyond the immediate risks of neglect or physical harm, alcohol abuse by a parent can have profound long-term consequences for a child’s mental and emotional health. The chaotic environment, broken promises, and potential verbal or even physical altercations can lead to anxiety, depression, and trust issues in children. Recognizing this, Texas law has provisions to ensure the child’s safety and emotional well-being. 

How Texas Courts Assess Parental Fitness

Texas courts prioritize the child’s best interests. When assessing a parent’s fitness, courts examine:

  • The parent’s ability to cater to the child’s physical, emotional, and psychological needs.
  • Their capability to maintain a safe and stable home environment.
  • Their effectiveness in co-parenting.
  • If it’s evident that a parent’s alcohol abuse hampers their caregiving abilities, courts might limit or entirely revoke their access to the child.

Comprehensive Legal Measures to Shield Your Child

Often a situation involving an alcoholic parent requires other powers to intervene in order to protect their child from an alcoholic spouse. Here are some of the legal measures to consider with an Austin family law attorney

  • Sole Managing Conservatorship: This legal tool can grant you predominant decision-making rights concerning your child’s welfare, thereby minimizing risks associated with the alcoholic parent.
  • Restricting Access: Depending on the severity, the courts might mandate restricted interactions ranging from limited supervised visits to complete non-contact orders.
  • Therapy & Counseling: Sometimes, the solution isn’t just restriction but rehabilitation. Courts can direct the alcoholic parent to attend therapy or counseling sessions, fostering a healthier relationship in the long run.
  • Routine Testing: Regularly scheduled drug and alcohol tests can act as both a deterrent and evidence. If the alcoholic parent knows they’re being monitored, they might be more likely to control their consumption.
  • Adjusting Current Orders: Life isn’t static. As situations evolve, previously set possession orders may no longer serve the child’s best interests. You have the right to request a review and potential modification of these orders.

The Role of Alcohol Monitoring Devices

Implementing alcohol monitoring devices offers an additional layer of protection. Devices like Soberlink, a mobile breathalyzer, aid in monitoring a parent’s alcohol levels remotely. Here’s how it works:

  • The device uses facial recognition technology to validate the user.
  • After taking the breath sample, results are sent to a secure online portal.
  • Stakeholders like the other parent, attorneys, or even the court can access these results.

While these devices aren’t legally binding, they can serve as compelling evidence in court. They indicate the parent’s incapability to manage their alcohol intake, subsequently endangering the child.

Does Rehab Influence Custody Custody in Texas?

Choosing to enroll in rehab can be seen in a favorable light by the court. This action can illustrate a parent’s dedication to overcoming their substance challenges and ensuring a stable setting for their child. Nonetheless, the court will prioritize the child’s well-being and evaluate the parent’s capacity to maintain a secure home for child  custody decisions. 

Is It Possible for a Recovering Alcoholic to Secure Child Custody in Texas?

In Texas, a recovering alcoholic stands a chance to regain custody rights, provided they convincingly showcase their dedication to sobriety and their capability to ensure a nurturing and secure environment for their child. The court, in its evaluation, will take into account various determinants including:

  • Duration of Sobriety: How long has the individual been sober? An extended period of sobriety can demonstrate consistency and commitment to recovery.
  • Adherence to Court Mandates: Compliance with court orders, especially those pertaining to rehabilitation and therapy, can favorably influence the court’s decision.
  • Support Systems in Place: Does the recovering parent have a robust support system? Whether it’s participation in support groups, ongoing therapy, or having a network of sober, supportive friends and family, such systems can be a testament to the individual’s efforts to maintain sobriety.
  • Parental Efforts: The court might also look into the initiatives taken by the parent post-rehabilitation. This can include attending parenting classes, engaging in activities that demonstrate responsibility, and maintaining a stable job and living situation.

The overarching principle guiding the court’s decision will remain the well-being and best interests of the child. The court will assess if reinstating custody rights will be beneficial or detrimental to the child’s overall growth, security, and happiness.

Seek Guidance From An Austin Family Attorney 

Protecting your children from an alcoholic parent’s influence is undeniably challenging. However, equipped with the right legal tools and professional guidance, you can ensure a safer environment for your child. At DSS Family Law  our experienced attorneys are dedicated to safeguarding your rights and your child’s best interests. Reach out to us at Deyerle Silva Smith for top tier family law legal services in Austin, Texas.