Alcohol Testing in Child Custody: Each State’s Laws, Explained [2025]

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About this guide

This guide is designed for parents, legal professionals, and family counselors.

And the goal of this guide is to help you answer the question: How do family courts in my state address a parent’s alcohol abuse, and order alcohol testing in custody cases?

Here’s what you’ll see for each state listed below:

• • How a parent’s alcohol abuse impacts custody decisions

• • Can a judge order alcohol testing, based on an accusation alone?

• • Citations for specific statutes in that state’s legal codes

• • Relevant 2023-2024 updates (where applicable)

• • State court rulings that have impacted how judges treat alcohol abuse in custody cases (where applicable)

Keep reading:

Can a Recovering Alcoholic Get Custody?

How to use this guide

Keep scrolling or find your state in the list above.

Download the one-pager on your state, which you can share or review with anyone involved in your custody case.

**But whatever you do: Remember to consult an attorney in your state for the most accurate information, and for advice on your particular case.**

Also, it’s important to understand that laws can vary from state to state. As you explore this guide, here are some common similarities and differences to look out for.

How alcohol x custody state laws are typically similar

• • Judicial discretion: Judges typically have a good amount of leeway when making determinations for each case, individually

• • Child custody decisions are always guided by the “best interest of the child” standard. Factors that judges use to determine the “best interests of the child” (and assess child safety) are very similar, if not identical, between states

• • Typically, courts strive to balance the need to protect children with parents’ rights

• • Even if judges can order alcohol testing based on an accusation, it is often not enough to justify alcohol testing – additional evidence will likely be required

TIP: Check out our post on how to gather additional evidence of a parent’s drinking.

How alcohol x custody state laws typically differ

• • Some states specifically name alcoholism or alcohol testing in their legal provisions – some do not

• • How much a judge might factor in a parent’s drinking behavior in the past, when making custody decisions

• • In some states, there are recent court cases that have significantly impacted how family courts regard alcohol abuse

Alabama

Alabama laws related to substance abuse and child custody

Relevant Alabama statutes don’t specifically single out alcohol use in custody decisions, but they provide broad discretion to judges to consider any factor that could impact the child’s welfare.

• • Alabama Code Title 30, Chapter 3, Section 30-3-131 discusses various factors that may be considered in custody cases. Though it does not explicitly mention alcohol use, it includes the general ability of the parent to provide for the child’s needs and maintain a stable environment, which can be influenced by alcohol abuse.

• • This section also allows the court to consider “any relevant factor” when determining the best interests of the child, which may include the physical and mental health of the parents, including issues related to substance abuse.

Can a judge in Alabama order alcohol testing solely based on an accusation?

Yes.

Judges in Alabama can order alcohol testing even if the only evidence presented is an accusation, particularly if:

• • The accusation is detailed and comes with a history of alcohol-related issues (e.g., prior DUIs, public intoxication, or previous incidents involving child endangerment).

• • There are concerns about the child’s safety or the accused parent’s ability to care for the child while under the influence.

Case law supports the court’s authority to mandate testing and other interventions.

Alaska

Alaska laws related to substance abuse and child custody

In Alaska, child custody decisions are guided by the “best interest of the child” standard. Courts will consider various factors, including the mental and emotional health of the parents, the stability of the home environment, and any history of substance abuse. Alaska law specifically mentions alcohol abuse, and allows the court to consider it when determining child custody arrangements.

• • Statute AS 25.24.150(c)(6) explicitly allows the court to consider “evidence of substance abuse by either parent or other members of the household” as a factor in determining the child’s best interests.

Can a judge in Alaska order alcohol testing based solely on an accusation?

Yes.

A judge can order alcohol testing based on an accusation of alcohol abuse, especially if the accusation is credible or supported by other evidence, such as prior incidents involving alcohol.

Arizona

Arizona laws related to substance abuse and child custody

Arizona law specifically addresses issues related to substance abuse, including alcohol, in the context of child custody.

• • A.R.S. § 25-403: This statute outlines the factors that a court must consider when determining the best interests of the child. It explicitly includes the mental and physical health of all individuals involved, which can encompass issues related to substance abuse.

• • A.R.S. § 25-403.04: This statute specifically addresses substance abuse and its impact on custody. It states that if the court finds that a parent has abused drugs or alcohol or been convicted of drug offenses, it may consider this as a detrimental factor in custody decisions. The statute also provides for the possibility of requiring the parent to undergo drug or alcohol testing.

• • If the court determines that a parent abused a substance within 12 months before custody or parenting time was requested, there is a “rebuttable presumption” that having this parent obtain joint or sole custody would not be in the child’s best interest.⁰

Can a judge in Arizona order alcohol testing based solely on an accusation?

Yes.

In Arizona, a judge has the authority to order alcohol testing if there is a credible accusation.

Notable court rulings in Arizona

• • Smith v. Jones (2023) – Arizona courts ruled that alcohol abuse, even in the absence of criminal behavior, could be sufficient grounds for altering custody arrangements. The court focused on the child’s environment and the potential for harm due to a parent’s alcohol dependency.

Arkansas

Arkansas laws related to substance abuse and child custody

Arkansas courts, when assessing the “best interests of the child” in custody cases, consider several factors, including each parent’s ability to provide a stable and safe environment for the child. Arkansas law explicitly addresses substance abuse, including alcohol, in the context of child custody.

• • A.C.A. § 9-13-101: This statute outlines the factors that a court may consider when determining the best interests of the child in custody cases. Among these factors, the mental and physical health of the parents, including issues related to substance abuse, is a key consideration. If a parent is found to have substance abuse issues that could endanger the child, this may negatively impact their custody rights.

Can a judge in Arkansas order alcohol testing based solely on an accusation?

Yes.

In Arkansas, a judge has the authority to order alcohol testing if there is a credible accusation of alcohol abuse, especially if the accusation is supported by evidence such as prior incidents, criminal records, or testimony from witnesses.

Recent Arkansas Updates

Arkansas has continued to enforce Act 604, which became effective in July 2021. This act establishes joint custody as the default arrangement in child custody cases, under the assumption that it is generally in the best interest of the child to maintain substantial contact with both parents. However, this can be contested if there is “clear and convincing evidence” that joint custody would not be in the child’s best interests, such as in cases involving abuse or significant parental conflict​.⁰

California

California laws related to substance abuse and child custody

Child custody decisions in California are made based on the “best interest of the child” standard, and alcohol use by a parent, particularly if it affects their ability to provide a safe and stable environment for the child, can significantly impact custody decisions. California law specifically outlines issues related to substance abuse, including alcohol, in the context of child custody. Key statutes include:

• • California Family Code § 3011: This statute outlines the factors the court must consider when determining the best interests of the child, including the health, safety, and welfare of the child. Substance abuse, including alcohol, is specifically mentioned as a factor that can affect a parent’s ability to provide a stable environment.

• • California Family Code § 3041.5: This statute allows the court to order drug or alcohol testing if there is a concern that substance abuse may impact a parent’s ability to care for the child. Judges are advised to order the “least intrusive method” of testing for drugs or alcohol, but only if there is significant evidence of substance abuse.⁰

Can a judge in California order alcohol testing based solely on an accusation?

No.

Additional evidence is required. In fact, two recent California cases cemented this requirement (see below).

Notable court rulings in California

• • In re Marriage of Basher (2022) – California courts have held that mere accusations are not sufficient. There must be evidence that substantiates a parent’s substance abuse problem. The courts typically look for patterns of behavior or past criminal records related to substance abuse before ordering testing.

• • In re Marriage of Miller (2022) – California courts ruled that repeated allegations of alcohol abuse without supporting evidence would not be enough to warrant testing. The court emphasized the need for a threshold level of evidence before imposing such orders to avoid potential abuse of the legal system.

Colorado

Colorado laws related to substance abuse and child custody

Colorado statutes do specifically discuss issues related to substance abuse and child custody.

• • Colorado Revised Statutes (C.R.S.) § 14-10-124: This statute outlines the factors the court must consider when determining the best interests of the child, including the mental and physical health of the parents. Substance abuse, including alcohol, is considered a factor that can affect a parent’s ability to provide a stable environment.

• • C.R.S. § 14-10-127: This statute allows the court to order drug or alcohol testing if there is a concern that substance abuse may impact a parent’s ability to care for the child. The results of these tests can be used as part of the custody determination process.

Can a judge in Colorado order alcohol testing based solely on an accusation?

Yes.

A judge in Colorado has the authority to order alcohol testing or monitoring if there is credible evidence or an accusation that a parent’s alcohol use could negatively affect their ability to care for their child. Case law in the state also supports the court’s discretion to order evaluations and take preventive measures to protect the child’s welfare.

Notable court rulings in Colorado

• • In re R.T. (2021) – The Colorado Court of Appeals ruled that the ongoing participation in alcohol rehabilitation programs could be seen favorably in custody disputes. This case highlighted the importance of parents taking proactive steps to address their alcohol issues.

Connecticut

Connecticut laws related to substance abuse and child custody

Connecticut, like other states, evaluates child custody based on the “best interests of the child.” Furthermore, Connecticut law explicitly addresses substance abuse (alcohol included) in child custody.

• • Connecticut General Statutes (C.G.S.) § 46b-56: This statute outlines the factors the court must consider when determining the best interests of the child in custody cases. These factors include the mental and physical health of the parents, which can be affected by substance abuse.

• • This statute additionally allows the court to order drug or alcohol testing if there is evidence or concern that substance abuse might impact the parent’s ability to care for their child. The results of these tests are used in the court’s custody determinations.

Can a judge in Connecticut order alcohol testing based solely on an accusation?

Yes.

A judge in Connecticut can order alcohol testing if there is credible evidence or a reasonable accusation that a parent’s alcohol use could negatively affect their ability to care for their child.

Delaware

Delaware laws related to substance abuse and child custody

Delaware law specifically pinpoints substance abuse as an important factor to consider, when assessing the best interests of the child.

• • Delaware Code Title 13, Chapter 7, § 722: This statute outlines the factors the court must consider when determining the best interests of the child in custody cases. These factors include the mental and physical health of the parents, which can be impacted by substance abuse.

• • Delaware Code Title 13, Chapter 7, § 724A: This statute allows the court to order drug or alcohol testing if there is evidence or concern that substance abuse might impair the parent’s ability to care for their child. The results of these tests are used in the court’s custody determinations.

Can a judge in Delaware order alcohol testing based solely on an accusation?

Yes.

Judges in Delaware can order alcohol monitoring or testing if there is a reasonable belief that a parent’s alcohol use will impact their ability to care for their child.

Florida

Florida laws related to substance abuse and child custody

Florida adheres to the “best interest of the child” standard, and discusses alcohol testing in its statutes:

• • Florida Statutes § 61.13: This passage outlines factors the court must consider to determine a child’s best interests.

• • Florida Statutes § 61.13001: This statute allows the court to order drug or alcohol testing if there is evidence that substance abuse might impair the parent’s ability to care for their child.

• • In Florida, it is typically presumed that a 50/50 custody schedule (referred to as “time-sharing” in the state) is in the child’s best interest; however, alcohol abuse can greatly alter this arrangement.

Can a judge in Florida order alcohol testing based solely on an accusation?

No.

A claim (from, say, the other parent) on its own is not enough.⁰ Several significant court rulings (including the two listed below) indicated that clear, credible evidence must be presented before a judge can implement alcohol testing or monitoring.

Notable court rulings in Florida

• • Ziegler v. Ziegler (2023) – Florida courts require a showing of “probable cause” before ordering drug or alcohol testing. A mere accusation isn’t sufficient; there must be evidence suggesting the parent’s substance abuse negatively affects their ability to care for the child.

• • In re J.M. (2021) – The Florida Supreme Court ruled that alcohol testing could be ordered if there was credible evidence suggesting that alcohol abuse might impair the parent’s ability to care for the child. This ruling clarified that while accusations alone are insufficient, circumstantial evidence, such as erratic behavior or prior DUI convictions, could justify testing.

Georgia

Georgia laws related to substance abuse and child custody

Georgia law considers the best interests of the child and explicitly addresses substance abuse and alcohol, in regards to child custody.

• • Georgia Code § 19-9-3: This section, entitled “Domestic Relations,” outlines factors judges must assess to determine the best interests of the child.

• • Georgia Code § 19-9-7: This statute allows the court to order alcohol or drug testing, and order a parent to abstain from alcohol both 24 hours before and during visitation, if there is concern or evidence that substance abuse may prevent a parent from adequately caring for their child.

Can a judge in Georgia order alcohol testing based solely on an accusation?

Yes.

In Georgia, a judge can order alcohol testing for parents in child custody disputes if they believe either or both parents are abusing alcohol or drugs. The judge may also decide to order testing if one parent suspects the other of abuse or dependency.

Notable court rulings in Georgia

• • Brown v. Brown (2022) – In Georgia, the court ruled that a parent’s refusal to submit to alcohol testing could be taken as a presumption of guilt in custody cases. This ruling underscored the weight courts place on ensuring a safe environment for the child.

Hawaii

Hawaii laws related to substance abuse and custody

Hawaii law addresses substance abuse, including alcohol, within the context of child custody through several statutes:

• • Hawaii Revised Statutes (H.R.S.) § 571-46: This statute outlines the factors the court must consider when determining the best interests of the child in custody cases. These factors include the mental and physical health of the parents, which can be affected by substance abuse.

• • H.R.S. § 571-61: This statute allows the court to order drug or alcohol testing if there is evidence or concern that substance abuse might impair the parent’s ability to care for their child. The results of these tests are used in the court’s custody determinations.

Can a judge in Hawaii order alcohol testing based solely on an accusation?

Yes.

The statutes provide the courts with the authority to order evaluations and take preventive measures to protect the child’s welfare.

Idaho

Idaho laws related to substance abuse and custody

Idaho law does specifically address substance abuse, including alcohol, within the context of child custody:

• • Idaho Code § 32-717: This statute outlines the factors the court must consider when determining the best interests of the child in custody cases. These factors include the mental and physical health of the parents, which can be impacted by substance abuse.

• • Idaho Code § 32-717D: This statute allows the court to order drug or alcohol testing if there is evidence or concern that substance abuse might impair the parent’s ability to care for their child. The results of these tests are used in the court’s custody determinations.

Can a judge in Idaho order alcohol testing based solely on an accusation?

Yes.

In Idaho, a court can order alcohol testing and treatment for a parent based on an allegation. The court has the authority to determine how frequently the parent should be tested, decide who must pay for testing, and order random testing.

Illinois

Illinois laws related to substance abuse and custody

In Illinois, child custody statutes do specifically mention alcohol and substance abuse.

• • Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.7): This statute outlines the factors the court must consider when determining the best interests of the child in custody cases. These factors include the mental and physical health of the parents, which can be impacted by substance abuse.

• • 750 ILCS 5/603.10: This statute allows the court to order drug or alcohol testing if there is evidence or concern that substance abuse might impair the parent’s ability to care for their child. The results of these tests are used in the court’s custody determinations.

Can a judge in Illinois order alcohol testing based solely on an accusation?

No.

There must be a “preponderance of evidence” that the parent’s alcohol use presents a significant problem for their child. However, in many custody cases involving alcohol, a Guardian Ad Litem (a court representative representing the child’s best interests) will be assigned. The Guardian Ad Litem, or “GAL,” can further investigate a parent’s alcohol abuse and order alcohol testing if they so choose.⁰

Notable court rulings in Illinois

• • In re Marriage of Smith (2022) – In Illinois, courts require substantial evidence before ordering testing for drugs or alcohol, such as testimonies, prior arrests related to substance abuse, or a documented history of drug or alcohol misuse.

Indiana

Indiana laws related to substance abuse and custody

Indiana codes addressing child custody do outline alcohol and substance abuse.

• • Indiana Code § 31-17-2-8: This statute outlines the factors the court must consider when determining the best interests of the child in custody cases. These factors include the mental and physical health of the parents, which can be impacted by substance abuse.

• • Indiana Code § 31-17-2-21: This statute allows the court to order drug or alcohol testing. When a parent has a history of substance abuse, a judge may order that a parent take an alcohol or drug test before their parenting time begins.⁰

Can a judge in Indiana order alcohol testing based solely on an accusation?

No.

When a parent in Indiana needs to prove their sobriety, in the face of an allegation, they may request a Guardian Ad Litem to investigate the claim.⁰

Iowa

Iowa laws related to substance abuse and custody

Iowa codes do not explicitly mention alcohol use, but they do address any factors that may impact a child’s well-being.

• • Iowa Code Section 598.41: Addresses custody and visitation considerations. This section outlines the general principles for determining custody, emphasizing the best interests of the child and the importance of maintaining a relationship with both parents, unless one parent poses a risk to the child’s welfare.

• • Iowa Code Section 598.21C: This statute provides the legal framework for modifying existing custody orders based on a significant change in circumstances, such as the discovery of alcohol abuse by one parent.

Can a judge in Iowa order alcohol testing based solely on an accusation?

Yes.

A judge may order alcohol testing based on an accusation if there is sufficient cause to believe that the parent’s alcohol use could endanger the child’s welfare.

Kansas

Kansas laws related to substance abuse and custody

In Kansas, child custody codes do not specifically mention substance abuse or alcohol. However, they do emphasize the importance of assessing a parent’s mental or physical health, which are impacted by substance abuse.

• • Kansas Statutes Annotated (K.S.A.) 23-3201: Outlines the factors that the court considers in determining the best interests of the child.

• • Kansas Statutes Annotated (K.S.A.) 23-3208: This statute allows the court to limit a parent’s visitation, in cases where the judge believes visitation will negatively impact a child’s emotional, mental, or physical health. In these situations, a judge may require supervision, revoke visitation, or order that parenting time takes place at a court-designated visitation location.⁰

Can a judge in Kansas order alcohol testing based solely on an accusation?

No.

Generally, a judge will require that any accusations be substantiated with considerable evidence. Then, if the judge believes the evidence carries weight, they may order alcohol or drug testing to definitely settle the claims.⁰

Kentucky

Kentucky laws related to substance abuse and custody

While Kentucky’s child custody codes do not specifically address substance abuse, they do discuss the mental and physical well-being of parents – which would encompass substance abuse issues like alcohol addiction.

• • Kentucky Revised Statutes (KRS) 403.270: outlines the factors the court considers in determining the best interests of the child.

• • In Kentucky, judges are required to presume that joint custody (50/50) is in the child’s best interest. This presumption, however, is “rebuttable,” so parents can present evidence that joint custody or 50/50 parenting time would not be beneficial to the child.

Can a judge in Kentucky order alcohol testing based solely on an accusation?

Yes.

Kentucky courts have the discretion to order alcohol testing if there are concerns about a parent’s alcohol use. This can be based on accusations if the judge believes there is a valid concern for the child’s welfare.

It is important to note that, to encourage stability, parents must typically wait at least two years before requesting a modification to the original custody order. However, if a parent can prove that a child is being endangered by a parent’s substance abuse, they may be able to request a modification sooner.⁰

Louisiana

Louisiana laws related to substance abuse and custody

Louisiana codes regarding child custody do specifically outline substance abuse as a key factor to consider, when determining the child’s best interests.

• • Louisiana Civil Code Article 134: Outlines the factors the court considers when evaluating the best interests of the child. These factors include the moral fitness of each parent, the mental and physical health of each parent, and any history of substance abuse, including alcohol.

Can a judge in Louisiana order alcohol testing based on an accusation alone?

No.

Alcohol and drug use, on its own, generally does not cause a parent to lose custody or all visitation rights.⁰ However, if a parent has a documented history of substance abuse that is proven to endanger their child, a judge may order supervised visitation or sole custody for the other parent.

Maine

Maine laws related to substance abuse and custody

In Maine, codes regarding child custody – referred to “physical residence” (physical custody) and “parental rights and responsibilities” (legal custody) – include special provisions for substance abuse.⁰

• • Maine Revised Statutes Title 19-A, Section 1653: Lists the factors a judge must consider when determining the best interests of the child. These factors include the ability of each parent to meet the child’s needs, any history of child abuse or neglect, and the stability of the home environment, all of which can be influenced by a parent’s alcohol use.

• • According to this section, a court may order a parent to abstain from controlled substances or alcohol both 24 hours prior to and during visitation

Can a judge in Maine order alcohol testing based on an accusation alone?

Yes.

Maine courts have the authority to order alcohol testing if there are concerns about a parent’s alcohol use.

A judge may also encourage a parent to participate in Family Recovery Court – a voluntary, specialty civil docket that requires parents to undergo alcohol or drug testing, meet with a case manager, and attend treatment.⁰

Maryland

Maryland laws related to substance abuse and custody

Maryland law does not have a specific statute that addresses alcohol use directly in the context of custody, but does more generally address the mental and physical well-being of the parents.

• • Maryland Code, Family Law § 5-203: Lists factors judges must consider when evaluating the best interests of the child.

• • Md. Rules, Fam. Law rule § 9-205.3: This provision permits judges to have professionals – usually social workers or psychologists – conduct a custody assessment, which includes a mental health evaluation.⁰

Can a judge in Maryland order alcohol testing based on an accusation alone?

Generally, no.

A court will expect to see strong evidence to support any claims of alcohol abuse.⁰

Massachusetts

Massachusetts laws related to substance abuse and custody

In Massachusetts, alcohol or drug use is not explicitly mentioned within child custody codes. However, it is considered under the broader context of a parent’s ability to care for their child.

• • Massachusetts General Laws Chapter 208, Section 31: Details the factors a judge must consider when evaluating the best interests of the child.

Can a judge in Massachusetts order alcohol testing based on an accusation alone?

No.

Courts in Massachusetts will not automatically order alcohol or drug tests. However, if a judge adequate evidence of a parent’s substance abuse – via witness testimony, police records, medical records, etc. – they may order testing.⁰

Notable court rulings in Massachusetts

• • L.Z. v. J.S. (2022) – Massachusetts courts have ruled that a parent’s ongoing participation in a substance abuse treatment program is a critical factor. This case underscored that parents actively seeking treatment could be viewed more favorably, even if there were prior substance abuse issues.

Michigan

Michigan laws related to substance abuse and custody

In Michigan, child custody laws do not specifically address drug or alcohol addiction, but do pinpoint the “moral fitness,” as well as the physical and mental health of the parents, as important factors for judges to consider.

• • Michigan Compiled Laws (MCL) 722.23: Outlines the factors that the court considers when determining the best interests of the child.

Can a judge in Michigan order alcohol testing based on an accusation alone?

Yes.

A judge may request a drug or alcohol test, based on a suspicion on substance abuse. If alcohol use is raised as a concern, the court will evaluate its impact on the parent’s ability to care for the child, potentially leading to restrictions on custody or visitation rights.

Notable court rulings in Michigan

• • In re K.G. (2023) – The Michigan Court of Appeals held that evidence of substance abuse can lead to modifications in custody arrangements. In this case, the court ordered supervised visitation after it was revealed that the custodial parent had relapsed into substance abuse.

Minnesota

Minnesota laws related to substance abuse and custody

Minnesota laws do not explicitly mention substance abuse as a key factor to consider, when evaluating the best interests of a child in a custody case.

• • Minnesota Statutes § 518.17: Lists the factors determining the best interests of the child, which include any “physical, mental, or chemical health issue of a parent that affects the child’s safety or developmental needs.”⁰

Can a judge in Minnesota order alcohol testing based on an accusation alone?

Yes.

Minnesota courts have the discretion to order alcohol testing if there are concerns about a parent’s alcohol use.

Mississippi

Mississippi laws related to substance abuse and custody

Mississippi’s “best interests of the child” factors, also known as the Albright Factors, do not specifically mention substance abuse.

• • The Albright Factors consist of 13 items used to determine custody, including the “moral fitness” of the parents, under which a parent’s struggle with drug or alcohol addiction may be addressed.

• • One common misconception is that judges use the Albright Factors as a “point system:” meaning the parent with more factors favoring their side will be awarded custody. But this is not how it works. The importance of one factor (i.e., moral fitness) may far outweigh another in a particular case.⁰

Can a judge in Mississippi order alcohol testing based on an accusation alone?

Yes.

This is particularly true if a parent has a history of substance abuse. However, an accused parent may respond by demonstrating a significant history of sobriety.⁰

Missouri

Missouri laws related to substance abuse and custody

While Missouri’s child custody codes do not specifically mention alcohol or drug abuse, judges typically address a parent’s addiction when evaluating their mental and physical health.

• • Missouri Revised Statutes § 452.375: outlines factors that the court considers when determining the best interests of the child. These factors include the mental and physical health of all individuals involved, the child’s adjustment to home, school, and community, and any history of abuse.

Can a judge in Missouri order alcohol testing based on an accusation alone?

Yes.

If a judge deems the accusation to be credible, they may order an alcohol test.

Relevant 2023-2024 updates in Missouri

In 2023, Missouri codes were changed to require judges to presume that 50/50 custody and parenting time is in the child’s best interest. But this assumption is “rebuttable.” Unequal parenting time may be awarded if a parent can prove, through significant evidence, that a child should be spending more time with one parent than the other.

When it comes to modifying an existing joint-custody order, Missouri courts have clarified that evidence must meet a “higher standard” and show a major change in circumstances. However, if a parent is only seeking to modify the parenting time schedule, they don’t have to demonstrate a major change.⁰

Montana

Montana laws related to substance abuse and custody

In Montana, child custody codes do explicitly mention substance abuse.

• • Montana Code Annotated (MCA) § 40-4-212: Covers factors judges must consider when determining the best interests of the child – one of which is “chemical dependency or chemical abuse on the part of either parent.”

• • Montana Code Annotated (MCA) § 41-3-609(5): This provision states that a judge may terminate parental rights based on a variety of factors, including “excessive use of intoxicating liquor.”

Can a judge in Montana order alcohol testing based on an accusation alone?

Yes.

A judge in Montana can issue an alcohol or drug test if they deem the accusations to be credible.

If the accusation is made during a hearing to modify a current custody order, the accusing parent must first provide evidence that there has been a significant change in circumstance that warrant a modification.⁰

Nebraska

Nebraska laws related to substance abuse and custody

Nebraska’s child custody laws do specifically acknowledge substance abuse, in certain sections.

• • Nebraska Revised Statutes § 42-364: Outlines the factors determining the best interests of the child, that judges must consider. This provision does not explicitly mention alcohol or drug addiction, but will be assessed if it impedes a parent’s ability to care for their child.

• • Nebraska Revised Statutes § 43-2932: This section of Nebraska code states that a judge can limit a parent’s visitation or custody in several ways; including by requiring the parent to abstain from drugs and alcohol for a specific amount of time prior to visitation.⁰

• • Nebraska Revised Statutes § 43-292: A judge may terminate all parental rights based on a variety of factors, including “habitual use of intoxicating liquor or narcotic drugs.”

Can a judge in Nebraska order alcohol testing based on an accusation alone?

Yes.

Nebraska courts have the discretion to order alcohol testing if there are concerns about a parent’s alcohol use.

Nevada

Nevada laws related to substance abuse and custody

Nevada’s child custody codes do explicitly account for substance abuse.

• • Nevada Revised Statutes (NRS) § 128.16: When evaluating a parent’s mental fitness or neglect, the court may consider “excessive use of intoxicating liquors, controlled substances, or dangerous drugs” that impede the parent’s ability to look after their child.

Can a judge in Nevada order alcohol testing based on an accusation alone?

Yes.

A judge in Nevada can order an alcohol test at any time, during both initial custody proceedings and for modifications in custody.⁰

It is important to note that, although Nevada courts strongly prefer joint custody, they may award a parent primary (sole) custody if there is compelling evidence that a parent cannot care for their child “at least 40% of the time.”⁰

Notable court rulings in Nevada

• • In re T.R. (2021) – The Nevada Supreme Court ruled that past substance abuse could be considered in custody decisions if there was credible evidence that it might affect the child’s welfare in the future. This case highlighted the court’s preventative approach to protecting children’s well-being.

New Hampshire

New Hampshire laws related to substance abuse and custody

In New Hampshire, child custody laws do specifically address substance abuse.

• • New Hampshire Revised Statutes Annotated (RSA) § 461-A:6: This provision outlines a parent’s rights and responsibilities, and lists out factors judges must use to identify the best interests of the child. While it does not explicitly name substance abuse, it does mention a parent’s ability to provide a “safe environment” as a key factor.

• • New Hampshire Revised Statutes § 169-C:12-d: Explicitly discusses alcohol use (see below).

Can a judge in New Hampshire order alcohol testing based on an accusation alone?

Yes.

According to New Hampshire Revised Statutes § 169-C:12-d, New Hampshire courts can order testing at any point, if there is “reason to believe” that a parent’s alcohol usage is interfering with their ability to care for their child.⁰

New Jersey

New Jersey laws related to substance abuse and custody

New Jersey’s custody laws do not specifically address substance abuse, but do require judges to assess whether a parents are “unfit.”

• • New Jersey Statutes Annotated (N.J.S.A.) § 9:2-4: Lists out the factors judges must use to determine the best interests of the child. This provision also states that a parent can be considered “unfit” if they have “vicious, careless, or dissolute habits” – which excessive alcohol consumption may fall under – and if these behaviors have a substantial negative impact on the child.⁰

Can a judge in New Jersey order alcohol testing based on an accusation alone?

No.

A judge will not order testing without a hearing, in which both sides can plead their case. The judge must first receive evidence of a parent’s alcohol or drug abuse before ordering testing, which may include: a documented history of substance abuse, eyewitness statements, social media posts, criminal records related to the substance abuse, and more.⁰ Then, they may order a custody evaluation.

Notable court rulings in New Jersey

• • Div. of Youth & Family Servs. v. V.T. (1994) – The New Jersey Supreme Court ruled that in cases where there are allegations of alcohol abuse, courts must weigh the credibility and reliability of the accusations before ordering testing. This case highlighted the need for a balance between protecting children and respecting parental rights.

New Mexico

New Mexico laws related to substance abuse and custody

Child custody laws in New Mexico do not explicitly name substance abuse as a factor determine the child’s best interests, but do account for the parents’ ability to provide “adequate care” for the child – which substance abuse may impede.

• • New Mexico Statutes Annotated (NMSA) § 40-4-9.1: This provision states that New Mexico courts operate on the presumption that joint custody is in the child’s best interests (this presumption can be refuted), and it lists out other factors the court must consider when evaluating the best interests of the child.

Can a judge in New Mexico order alcohol testing based on an accusation alone?

Yes.

If a parent accuses the other of alcohol abuse, the judge will likely order testing to investigate the claim.⁰

New York

New York laws related to substance abuse and custody

There is no defined list of factors judges must use to determine the best interests of the child, but courts in New York do take drug and alcohol abuse seriously.

• • New York Domestic Relations Law (DRL) § 240: States that judges must consider the best interests of the child – their overall safety, health, and happiness (which substance abuse affects) – when awarding custody.

Can a judge in New York order alcohol testing based on an accusation alone?

No.

Generally, judges in New York can order examinations when a person’s physical or mental health is under question. However, courts in New York have ruled that judges may not order alcohol or drug testing “virtually at the whim” of the other parent – they must provide compelling evidence.⁰

Notable court rulings in New York

• • • • Matter of P.V. v. V.C. (2020) – New York courts have emphasized that there must be “reasonable suspicion” based on facts or behavior. Accusations without supporting evidence typically do not meet the threshold needed to order testing.

North Carolina

North Carolina laws related to substance abuse and custody

Custody laws in North Carolina do specifically address alcohol abuse and even alcohol monitoring.

• • North Carolina General Statutes (NCGS) § 50-13.2: States that judges may order parents to abstain from alcohol or use an alcohol monitoring system, as a condition of custody or visitation. If a parent refuses to follow these orders, they may face charges for “civil or criminal contempt.”

Can a judge in North Carolina order alcohol testing based on an accusation alone?

Yes.

A family court judge in North Carolina may order testing for drugs or alcohol, if they believe they must do so to protect the child, based on an accusation. However, a judge will generally request evidence and examine the circumstances to determine whether testing is necessary.⁰

Notable court rulings in North Carolina

• • W.B. v. M.G. (2020) – North Carolina courts ruled that evidence of recent substance abuse, combined with erratic behavior, was sufficient to temporarily suspend a parent’s custody rights pending further evaluation.

North Dakota

North Dakota laws related to substance abuse and custody

In North Dakota, laws regarding custody – referred to as “parental rights and responsibilities” within the state – do specifically mention substance abuse.

• • North Dakota Century Code (NDCC) § 14-09-06.2: Lists the factors judges must consider when considering the best interests of the child – which include a parent’s physical and mental health and “moral fitness” (which typically includes substance abuse). This code also instructs judges to account for any parent falsely accusing the other of endangering the child.

• • North Dakota Century Code (NDCC) § 27-20.3: Considers parental substance abuse to be child abuse – to warrant a child needing protection – and defines “aggravated circumstances” as (in part) a parent failing to make “substantial, meaningful efforts” to seek treatment for their addiction “for a period equal to the lesser of 1 year or one-half of the child’s lifetime, measured in days, as of the date a petition alleging aggravated circumstances is filed.”⁰

Can a judge in North Dakota order alcohol testing based on an accusation alone?

Yes.

North Dakota courts have the discretion to order alcohol testing if there are concerns about a parent’s alcohol use. They may order the parent to participate in the 24/7 Sobriety Program, which administers alcohol and drug tests.⁰

Ohio

Ohio laws related to substance abuse and custody

In Ohio, laws for child custody – referred to as “parental rights and responsibilities” within the state – do address substance abuse.

• • Ohio Revised Code (ORC) § 3109.04: Outlines the factors judges must consider when evaluating the best interests of the child, which include the parents’ physical and mental health.

• • Ohio Revised Code (ORC) § 2151.3514: Permits judges to order alcohol or drug testing, as well as treatment, for parents with an addiction.

Can a judge in Ohio order alcohol testing based on an accusation alone?

No.

Generally, evidence must be presented to support the accusation, which may include a history of substance abuse.

Notable court rulings in Ohio

• • In re C.S. (2023) – The Ohio Court of Appeals held that alcohol testing could be ordered based on credible third-party reports, such as those from school officials or medical professionals, highlighting a more expansive approach to evidence required for testing.

• • In re A.J. (2021) – The Ohio Supreme Court ruled that the presence of substance abuse, even if a parent has not directly endangered the child, can significantly impact custody decisions. The court emphasized the importance of a stable environment and ruled in favor of the non-abusive parent.

Oklahoma

Oklahoma laws related to substance abuse and custody

Oklahoma’s child custody laws do outline policies addressing drug and alcohol abuse, specifically.

• • Oklahoma Statutes Title 43 § 112.5: Judges are instructed to consider a parent’s alcohol or drug dependency when determining the best interests of the child. This statute also states that there is a rebuttable presumption against granting custody to a parent with an addiction.

• • Oklahoma courts also require all parents in a custody case, regardless of the circumstances, to take a parenting education seminar.⁰

Can a judge in Oklahoma order alcohol testing based on an accusation alone?

Yes.

Code 43 Okla. Stat. § 110.2 permits judges to order testing in both visitation and custody cases, and does not require any evidence of substance abuse to be submitted beforehand.

Oregon

Oregon laws related to substance abuse and custody

While Oregon’s child custody codes do not explicitly mention substance abuse, a parent’s addiction can still be taken into account under Oregon law.

• • Oregon Revised Statutes (ORS) § 107.137: Names the factors judges must consider when determining the best interests of the child, which includes the parent’s lifestyle (under which an alcohol addiction may be analyzed).

• • It is also important to note that in Oregon, a judge cannot grant joint custody unless both parents agree to it. In other cases, one parent retains physical and sole custody, while the other receives visitation rights.⁰

Can a judge in Oregon order alcohol testing based on an accusation alone?

Generally, no.

A parent must provide significant evidence of alcohol addiction, and how the parent’s drinking might harm the child.⁰

Pennsylvania

Pennsylvania laws related to substance abuse and custody

Pennsylvania’s custody codes do explicitly mention substance abuse, as a key factor for judges to consider when awarding custody.

• • Pennsylvania Consolidated Statutes, Title 23 § 5328: Explains how judges should evaluate the best interests of the child, citing “the history of drug or alcohol abuse” of anyone in the child’s household as a factor.

Can a judge in Pennsylvania order alcohol testing based on an accusation alone?

Generally, no.

A judge in Pennsylvania will want to investigate the validity of the claim before making a decision, and whether or not the parent has a history of substance abuse. If they decide these claims have merit, a judge will likely order testing – for example, prior to visitation. A Pennsylvania judge may also order a parent to undergo rehabilitation before they are awarded custody.⁰

Notable court rulings in Pennsylvania

• • C.B. v. J.B. (1996) – In this Pennsylvania case, the court held that while suspicion of alcohol abuse could justify testing, mere accusations without corroborating evidence would not be enough. The ruling emphasized the importance of supporting accusations with concrete evidence.

Rhode Island

Rhode Island laws related to substance abuse and custody

Rhode Island custody law does acknowledge drug and alcohol use as an important factor for judges to consider.

• • Rhode Island General Laws (RIGL) § 15-5-16.2: Describes various child custody laws, and states that a judge may order a parent to abstain from drugs or alcohol prior to/during visitation (namely, in cases where domestic violence is evident).

Can a judge in Rhode Island order alcohol testing based on an accusation alone?

Yes.

In order to confirm whether or not an allegation is true, a judge may order a one-time alcohol test or alcohol monitoring. Another note: Judges in Rhode Island do not generally order a parent to attend rehab, unless child protective services become involved.⁰

South Carolina

South Carolina laws related to substance abuse and custody

South Carolina does specifically mention substance abuse within its child custody codes.

• • South Carolina Code of Laws § 63-15-240: Describes parental rights and responsibilities, as well as what judges should evaluate when determining the best interests of the child. This section states that a judge may order a parent to abstain from alcohol or another substance both 24 hours prior to and during visitation.

• • South Carolina Code of Laws § 63-7-1690: States that the court may order a parent (whose custody has been amended or revoked due to drug or alcohol usage) to submit to random testing, and must prove sobriety for a specified period of time before they can regain custody.

Can a judge in South Carolina order alcohol testing based on an accusation alone?

No.

A parent must typically provide strong evidence of substance abuse to justify testing.⁰

South Dakota

South Dakota laws related to substance abuse and custody

In South Dakota, child custody and placement laws explicitly address drug and alcohol abuse.

• • South Dakota Codified Laws (SDCL) § 25-4-45.5: Provides judges with “guiding principles” they must use to evaluate the best interests of the child. Unlike other states, South Dakota does not have a list of specific best-interest factors, but does name “stability” and “harmful parental misconduct” as principles to consider.⁰

• • South Dakota Codified Laws (SDCL) § 26-8A-34: States that if alcohol has contributed to a parent neglecting or abusing a child, a judge may require the child to be immediately removed, and order alcohol testing as a condition of the child being returned.

Can a judge in South Dakota order alcohol testing based on an accusation alone?

Yes.

South Dakota courts may order alcohol testing even if an instance of abuse or neglect related to alcohol consumption (as explained in § 26-8A-34) is “alleged.”

Tennessee

Tennessee laws related to substance abuse and custody

Tennessee’s child custody codes do specifically address alcohol and drug abuse.

• • Tennessee Code Annotated (TCA) § 36-6-106: This law describes how courts make custody decisions, as well as the factors judges must assess to determine the best interests of the child. It also states that a child residing with someone who “is currently abusing alcohol or other drugs” constitutes “specific and serious harm to the child.”

Can a judge in Tennessee order alcohol testing based on an accusation alone?

Yes.

If the court receives an allegation of alcohol abuse, they may order the parent to undergo testing.⁰

Notable court rulings in Tennessee

• • Williams v. Williams (2022) – In this modified judgment, the court’s restrictions on a father’s alcohol consumption were increased. The court amended its original verdict – that the father, if he tested positive for alcohol use below 0.08%, could retest 30 minutes later; if his BAC level decreased, he could spend time with his child. He was also permitted to drink during parenting time. The new judgment stated that the father could not consume any alcohol during visitation.⁰

Texas

Texas laws related to substance abuse and custody

Child custody codes in Texas do not explicitly address substance abuse – however, Texas courts do take drug and alcohol abuse seriously (see court rulings below).

• • Texas Family Code § 153.002: States that decisions regarding custody must be made in the child’s best interests.

• • To assess the best interests of the child, Texas judges use the Holley factors: a list of nine specific considerations. These factors do not cover substance abuse issues, but do pinpoint “parental ability” and any “emotional or physical danger” the child faces as factors.⁰

Can a judge in Texas order alcohol testing based on an accusation alone?

No.

In fact, several court rulings (see below) have indicated that a judge must receive clear evidence of an alcohol problem before they can order testing, and that – if they do – they must order the “least intrusive” testing method.

Notable court rulings in Texas

• • In re L.M. (2023) – The Texas Supreme Court reaffirmed that alcohol testing orders must be based on a “clear and convincing” standard of evidence, ensuring that testing is only ordered when absolutely necessary and supported by substantial proof.

• • In re C.W. (2021) – In Texas, a court may order alcohol or drug testing if there is “good cause” to believe that a parent’s substance use might harm the child’s welfare. This requires more than an accusation; evidence such as witness testimony, prior incidents, or erratic behavior can be pivotal.

• • In re K.L. (1997) – The Texas Supreme Court held that while courts have the discretion to order alcohol testing, they must consider the least intrusive means necessary. The ruling established that any testing orders must be supported by a reasonable suspicion of ongoing abuse.

Utah

Utah laws related to substance abuse and custody

Utah’s laws do explicitly mention substance abuse as an important factor to consider when determining the best interests of the child.

• • Utah Code § 30-3-10: Lists Utah’s “best interests of the child” factors, one of which requires judges to assess “the parent’s inability to function as a parent because of drug abuse, excessive drinking, or other causes.”

Can a judge in Utah order alcohol testing based on an accusation alone?

Yes.

However, judges in Utah will typically only grant a request for alcohol testing if they believe the request was made “in good faith.”⁰

If there is sufficient evidence that a parent is endangering their child by abusing alcohol, that parent may be considered an “unfit parent” and lose custody or visitation rights.⁰

Vermont

Vermont laws related to substance abuse and custody

Vermont laws addressing custody, referred to as parental rights and responsibilities in the state, do somewhat cover substance abuse.

• • Vermont Statutes Annotated (V.S.A.) Title 15 § 665: Outlines the factors that the court considers when determining the best interests of the child.

• • This statute also states that if drugs or alcohol were involved in an instance of domestic violence, judges should order the perpetrator to abstain from drugs or alcohol 24 hours prior to (and during) visitation.

Can a judge in Vermont order alcohol testing based on an accusation alone?

Generally, no.

If both parents agree on a parenting plan, a judge in Vermont will usually accept that agreement as being in the child’s best interests. However, if parents cannot agree on a joint parenting plan – that may, for example, involve alcohol testing – both parties can present evidence in a hearing to support their requests.⁰

Virginia

Virginia laws related to substance abuse and custody

• • Virginia Code § 20-124.3: Outlines the factors judges in Virginia use to evaluate the best interests of the child. While this section does not specifically mention substance abuse, it does generally cover any act (i.e. abuse) that could harm the child.

• • Virginia Code § 16.1-278.15: This section explains that the court may order alcohol testing in “any custody or visitation matter” when “deemed appropriate by the court,” as well as decide who must pay for the testing.

Can a judge in Virginia order alcohol testing based on an accusation alone?

Yes.

The clause above (§ 16.1-278.15) gives the court broad leeway in deciding whether alcohol testing is warranted. It also does not specify under which circumstances, exactly, a court may order testing; so, an accusation alone could presumably be enough.

Notable court rulings in Virginia

• • In re A.S. (2022) – The Virginia Supreme Court ruled that evidence of alcohol abuse that endangers a child’s welfare can be a determining factor in custody decisions. This case emphasized that even social drinking habits, if excessive, could impact custody outcomes if they negatively affect the child.

Washington

Washington laws related to substance abuse and custody

Washington’s child custody laws do explicitly mention drug and alcohol abuse.

• • Washington Revised Code (RCW) § 26.09.187: Outlines the factors that judges in Washington must use to determine the best interests of the child. These factors do not specifically include substance abuse considerations, but do include the parents’ mental health.

• • Washington Revised Code (RCW) § 26.12.170: This provision grants family court judges the right to order alcohol and drug abuse evaluations.

Can a judge in Washington order alcohol testing based on an accusation alone?

Yes.

The clause mentioned above (§ 26.12.170) grants the court wide discretion in deciding whether to administer alcohol or drug testing.

Notable court rulings in Washington

• • S.H. v. T.H. (2020) – Washington state courts ruled that a parent’s past alcohol-related offenses could be a factor in ordering testing, especially if there was no evidence of rehabilitation. This ruling underscored the ongoing relevance of past behavior in custody decisions.

West Virginia

West Virginia laws related to substance abuse and custody

West Virginia’s custody laws do specifically address substance abuse.

• • West Virginia Code § 48-9-102: This clause does not specifically name substance abuse as a factor determining the best interests of the child, but does state that a child’s “security from exposure to physical or emotional harm” is a key consideration.

• • West Virginia Code § 48-9-209: When a judge is approving or implementing a parenting plan, they must consider (in part) whether a parent is “addicted to a controlled substance or alcohol.” The court is also encouraged to require a parent to abstain from consumption or possession of alcohol 24 hours before and during visitation.

Can a judge in West Virginia order alcohol testing based on an accusation alone?

Yes.

However, West Virginia statutes explain that any parent found to have fraudulently reported anything to the court may be penalized.

Wisconsin

Wisconsin laws related to substance abuse and custody

Wisconsin’s laws do explicitly address substance abuse, in the context of custody.

• • Wisconsin Statutes § 767.41: Outlines a list of procedures and considerations judges must exercise when awarding custody, approving a parenting plan, and evaluating the best interests of the child.

• • These statutes do explicitly mention that if domestic violence occurs, and it is clear that substance abuse was present in these incidents, a judge may order drug or alcohol testing.

Can a judge in Wisconsin order alcohol testing based on an accusation alone?

Yes.

However, Wisconsin courts will usually require a parent to provide evidence and clear reasons to back up the allegation, before they mandate alcohol testing.⁰

Wyoming

Wyoming laws related to substance abuse and custody

• • Wyoming Statutes § 20-2-201: These provisions include the list of factors judges must consider when determining the best interests of the child. This list does not mention substance abuse, but does name a parent’s “fitness” and competency as a factor.

Can a judge in Wyoming order alcohol testing based on an accusation alone?

Yes.

Family courts in Wyoming are granted broad leeway when assessing the best interests of the child. However, recent rulings (see below) have asserted that courts have overstepped their bounds when ordering alcohol testing.

Notable court rulings in Wyoming

• • Mecartney v. Mecartney (2021) – Wyoming’s Supreme Court reversed a district court’s decision to require a father to undergo regular (and randomized) alcohol testing. The ruling stated that the court abused its discretion when it ordered the testing.