In Texas judges presiding over custody cases must often take factors of substance or drug abuse into consideration for the wellbeing of the children. While family courts tend to take a dim view of parents with a history of inappropriate use of pharmaceuticals or other drugs, the relationship with the parent is considered to be of primary importance to the child and will be preserved whenever possible. As long as the parent has the ability to show they are reasonable and a reliable custodian, the desire of the court will be to trust them with their own child whenever possible. This does not, however, mean that the Texas court will not take steps to verify the parent’s reliability and to oversee their behavior.

The right of a Texas parent to be a part of their child’s life is considered to be in the best interests of the child. Substance abuse can not be enough in itself to make a court preclude this, although it will often make them place conditions on custod; including but limited to supervised visitation, mandatory drug testing, counseling and restrictions on the kinds of activities that can include the children.

In Texas court, the welfare of the child is to be the primary concern, not the feelings of the parents towards one another. If anything can be done in effort to preserve the presence of a parent in a child’s life, even if that parent has serious personal issues, then the court will often attempt to do it. Arrangements can also be subject to change if the parent manages to get past their substance difficulties and apply themselves to their responsibilities.

Anyone who finds themselves in a custody dispute in Texas may want to obtain the assistance of an attorney who has family law experience. In some cases, negotiating a custody agreement can help to avoid conflict that can often otherwise spill over and affect the child.