If substance abuse has become part of your custody case in Jackson, you may be terrified of losing your child or scared that your child is no longer safe. Parents often feel caught between wanting to protect their children and not knowing what the court will do with information about alcohol or drug use. You might also be worried about how a single mistake or a past addiction will affect your relationship with your child for years to come.
These are not abstract worries. Substance use, DUIs, prescription pill misuse, and illegal drugs come up in West Tennessee custody cases on a regular basis, and judges in Jackson have to make hard calls about safety and parenting time. Many parents assume that any history of substance abuse automatically ends custody, or that simply accusing the other parent of using will win them full custody. In reality, courts look closely at patterns, current risk, and each parent’s behavior now, not just labels or stories.
At Casey, Simmons & Bryant, PLLC, we focus our practice on divorce, family law, and criminal defense in Jackson and Clarksville. That means we regularly see how addiction, DUIs, drug charges, and Department of Children’s Services involvement intersect with custody. In this guide, we share what we have learned from handling these cases, how Jackson courts commonly view substance abuse in custody disputes, and what practical steps you can take to protect your child and your parental rights.
How Jackson Courts View Substance Abuse in Custody Cases
In Tennessee, judges use the “best interests of the child” standard to decide custody and parenting time. This is not a single rule. It is a list of factors that help the court decide what arrangement will keep a child as safe, stable, and supported as possible. Substance abuse is one of the most serious factors, because it can affect supervision, decision making, and the child’s physical safety.
Courtroom experience in Jackson shows that judges usually do not treat every parent with a substance use history the same way. Judges look at whether the problem is in the past or still ongoing, whether the parent has engaged in treatment, and whether there is evidence of relapse or long-term sobriety. A parent who abused pain pills five years ago, completed treatment, and has clean tests and stable employment will be viewed very differently than a parent who was arrested for DUI with the child in the car last month.
Judges also weigh substance abuse against other best interests factors. They look at the strength of each parent’s relationship with the child, who has been providing day-to-day care, the child’s school and community ties, and any history of domestic violence or neglect. Substance abuse does not automatically erase a strong parenting history, but it can undermine it if there is real, current risk. Our work in Jackson family courts has shown that judges focus on patterns of behavior and practical safety, not just on moral judgments about addiction.
If you are the parent worried about the other parent’s use, it helps to know that the court is looking for proof of risk, such as using around the child or driving impaired. If you are the parent in recovery, it is important to understand that the court will be looking for proof of stability, such as treatment records and clean tests, rather than just your word that things are better now. In both situations, a realistic view of how Jackson courts think about these issues can help you plan your next steps.
Common Substance Abuse Issues That Trigger Custody Concerns
Substance abuse shows up in custody cases in many different ways, and not every situation raises the same level of concern for a judge. Some of the most serious patterns involve repeated DUIs, especially if a child was in the car, or ongoing illegal drug use like methamphetamine, cocaine, or non-prescribed opioids. Repeated intoxication while caring for a child, or overdoses that occur when a child is present or could easily be affected, also raise immediate safety concerns.
Prescription pill misuse is another common issue in West Tennessee. Parents sometimes start with a valid prescription after surgery or injury and then slide into overuse, doctor shopping, or buying pills illegally. Even if a prescription is technically valid, taking medication in a way that leaves a parent unable to supervise a young child can become a custody problem. Judges will look for signs such as slurred speech in front of the child, unexplained sleepiness when caring for the child, or medical records showing repeated early refills and high dosages.
Criminal charges often act as red flags in these cases. A recent DUI, possession charge, or public intoxication arrest can trigger questions about whether a child is safe during that parent’s time. Department of Children’s Services (DCS) investigations, even if they do not lead to removal, create reports the court may review. At Casey, Simmons & Bryant, PLLC, our combined family law and criminal defense practice allows us to see the full picture, including how probation terms, no-contact orders, or pending criminal cases can affect parenting time requests.
Another distinction that matters is timing. A marijuana possession charge from ten years ago with a clean record since is very different from a string of incidents over the last year. Judges pay close attention to when the last problem occurred and what has happened since. Parents often underestimate how much weight a recent cluster of incidents carries, or they overestimate the impact of an old, isolated mistake. Understanding this difference can help you decide what evidence is worth gathering and how to frame your history.
What Evidence Jackson Judges Rely On in Substance Abuse Custody Disputes
When substance abuse becomes part of a custody dispute, the court has to sort through competing stories. One parent may say the other is drinking every day. The other may say that is exaggerated or completely false. Judges in Jackson typically place more weight on objective evidence than on accusations, so understanding what proof actually matters can make a real difference in your case.
Drug and alcohol testing is one of the most common tools. Courts may order urine screens, hair follicle tests, or continuous alcohol monitoring devices, especially when there are recent incidents or credible allegations. A single clean test is helpful, but a pattern of clean tests over time carries much more weight. On the other side, missed tests, diluted samples, or positive results during parenting time can quickly undermine a parent’s claims that they have things under control.
Medical and treatment records can also be important. Discharge summaries from inpatient rehab, documentation of outpatient counseling, and letters from treatment providers (with appropriate releases) help show that a parent is taking recovery seriously. Emergency room records documenting overdoses, detox visits, or injuries while impaired add detail to the timeline. Judges generally trust these records more than social media posts or neighbor gossip, because they are created by neutral professionals in real time.
Criminal records and DCS files are additional pieces of the puzzle. Court dockets, probation terms, and police reports help the judge see what actually happened, not just how the parties describe it. DCS safety plans, even if a case was eventually closed, can show that the state had concerns about supervision or substance use around children. At Casey, Simmons & Bryant, PLLC, we follow a systematic approach that includes gathering these records early, organizing them by date, and making sure the court sees the full pattern rather than a few isolated pages.
By contrast, evidence that is only loosely connected to risk tends to carry less weight. Screenshots of social media posts from years ago, second-hand stories without names or dates, and vague statements that someone “parties a lot” do not move judges as much as specific, documented events. Parents are often surprised to learn that fewer strong pieces of evidence can be more powerful than a stack of weak material. Building your case around the types of proof Jackson judges actually rely on can protect your credibility and focus the court’s attention on real safety concerns.
Safety Tools Courts Use When a Parent Has Substance Abuse Issues
Many parents think that raising substance abuse in court means either losing all contact with a parent or doing nothing at all. In reality, Jackson courts have several tools that allow them to protect children while preserving relationships where possible. Understanding these options can help you set realistic goals and avoid all-or-nothing thinking that may not match what the court can actually do.
Supervised visitation is one of the most common safety tools. Under supervised visitation, a parent still sees the child, but visits take place in a controlled setting with another adult present. This could be a professional supervisor or a trusted family member, depending on what the judge finds appropriate. The supervisor’s job is to ensure the child is safe, to intervene if the parent appears impaired, and sometimes to report back to the court. For a child, this can provide a safer way to maintain contact while the parent works on treatment and stability.
Judges can also build safety conditions directly into a parenting plan. Common provisions include requiring a parent to abstain from alcohol and illegal drugs for a set period before and during parenting time, to submit to random drug or alcohol testing, and to avoid taking certain medications that have been abused in the past unless prescribed and monitored. The plan might require the parent to refrain from driving with the child unless they have a valid license and no recent DUIs. Violating these conditions can lead to further limits or, in serious cases, urgent changes.
In some cases, the court structures a step-up plan that allows parenting time to expand as a parent shows consistent sobriety. For example, a judge might start with supervised daytime visits, then move to unsupervised daytime visits after a certain number of clean tests and documented treatment sessions, then consider overnights after a longer period of stability. This kind of plan gives the parent in recovery a clear roadmap and gives the protective parent some reassurance that changes will be based on proof, not promises.
We regularly help clients in Jackson craft and negotiate parenting plans that include these kinds of safety tools. Our role is to anticipate how a judge is likely to respond to different proposals, based on our family law practice in this area, and to build conditions that are specific enough to protect children while still workable for the family. When you understand the range of options courts actually use, you can talk with your attorney about solutions that fit your situation instead of assuming that the only choices are full custody or no contact.
Steps to Take If You Believe Your Child Is at Risk Due to a Parent’s Substance Use
If you believe your child is at risk because of the other parent’s drinking or drug use, the situation can feel overwhelming. Acting out of fear alone can lead to missteps that hurt your case. Acting too slowly can leave your child in danger. Focusing on clear steps can help you protect both your child and your credibility in court.
Start by documenting specific incidents in as much detail as you can. Write down dates, times, locations, what you saw or heard, and who else was present. Note whether the child was there and how they were affected. Save text messages, voicemails, and emails that show impairment, missed pickups, or admissions of using. If law enforcement or medical services were involved, keep copies of any reports or discharge paperwork you receive, or make a note so your attorney can request them later.
When there is immediate danger, such as a parent trying to drive a child while clearly impaired or an overdose in front of a child, contacting law enforcement or DCS may be necessary. Those calls can be frightening, but they also create third-party records that the court later reviews. Judges generally take emergency room reports, police narratives, and DCS safety plans seriously when evaluating whether there is a pattern of unsafe behavior. You do not need to decide on your own how these records will play out in a custody case, but creating a paper trail can be critical.
For longer-term concerns, talk with a Jackson custody attorney about whether to seek emergency relief or a standard modification. Emergency motions are typically reserved for situations where the child faces a real and present risk of harm, such as ongoing use around very young children or frequent drunk driving. Standard modifications apply when the risk is serious but not necessarily an emergency. At Casey, Simmons & Bryant, PLLC, we follow a systematic approach that starts with evaluating the full history, organizing your documentation, and then deciding what type of request best fits your facts and the court’s likely view.
It is tempting to rely on informal fixes, such as quietly keeping the child more than the order allows or arranging last-minute schedule changes when you think the other parent is using. While these may feel safer in the moment, over time they can create confusion, conflict, and even accusations that you are interfering with parenting time. A structured, court-approved plan with clear safety conditions usually offers more protection for both the child and you, because it sets expectations and provides a framework for enforcement if the other parent does not follow through.
What To Do If You Are Facing Custody Allegations Related to Substance Abuse
If you are the parent facing allegations about alcohol or drugs, it can feel like the court has already made up its mind. Many parents in this position either shut down and deny everything or give up and assume they will lose all rights. Neither response helps. Judges in Jackson are often more open to parents who confront the issue honestly and take concrete steps toward safer behavior.
The first step is to be completely honest with your attorney. Hiding past use, relapses, or current struggles makes it almost impossible to build a strategy that the court will accept. Your attorney cannot prepare for evidence the other side might raise if you have not shared it. At Casey, Simmons & Bryant, PLLC, we value open communication and honest client relationships for exactly this reason. We would rather hear the difficult truths in private so we can plan around them, instead of being surprised in the courtroom.
Next, consider taking voluntary steps that show you are serious about change. Entering an appropriate treatment program, whether inpatient or outpatient, beginning regular counseling, and attending support groups like AA or NA can all demonstrate commitment. Agreeing to regular drug or alcohol testing, even before the court orders it, can create a record of clean results. Limiting contact with people and places that trigger use, and avoiding situations where you might be tempted to drink or use around your child, are also important. Judges notice when a parent takes concrete, consistent action rather than offering vague promises.
It is also important to have realistic expectations about parenting time while you are early in recovery. In many cases, the court will start with supervised visits or shorter, daytime visits and will only expand time as you build a track record of sobriety. This can feel unfair when you are working hard to change, but it often gives you an opportunity to prove yourself over time. A well-structured plan that ties increased time to specific milestones, like a certain number of clean tests or completion of a program, can show the court you understand its concerns and are willing to earn back trust.
Finally, be careful about what you say and do outside the courtroom. Social media posts showing partying, intoxication, or reckless behavior can undo months of progress, even if you believe you were not impaired. Staying away from situations that send the wrong message is part of protecting your case. With honest communication and a clear plan, many parents in recovery are able to maintain meaningful relationships with their children, even if parenting time looks different for a while.
How Custody Modifications Work When Substance Abuse Worsens or Improves
Custody and parenting plans are not frozen in time. Tennessee law allows parents to ask the court to modify custody or visitation when there has been a material change in circumstances and when a new arrangement would better serve the child’s best interests. Changes in a parent’s substance use, whether worsening addiction or meaningful recovery, are some of the most common reasons parents in Jackson seek modifications.
When substance abuse worsens, the change is often obvious. A parent who previously had no criminal record might begin getting arrested for DUI or possession. There may be new overdoses, DCS investigations, job loss due to substance use, or incidents where the child reports seeing drug paraphernalia or intoxication. A cluster of serious events like this, especially within a relatively short period, can qualify as a material change and justify requests for greater restrictions, supervised visitation, or even a shift in primary custody if risk to the child is high.
On the other hand, significant, well-documented recovery can also support modification. A parent who had limited or supervised time due to substance abuse might complete a reputable treatment program, engage in ongoing counseling, maintain months or years of clean drug and alcohol tests, and demonstrate stable housing and employment. In that situation, the parent may be able to show that the circumstances that led to the earlier restrictions no longer exist, and that expanding parenting time would now be in the child’s best interests.
Modifications can involve different levels of change. Sometimes the focus is on adjusting visitation, such as moving from supervised to unsupervised time or adding overnights. Other times, a parent may seek a change in primary residential status, asking the court to shift the child’s main home from one parent to the other. The court generally looks at how significant the substance-related change is, how long it has lasted, and how the child is doing under the current arrangement.
Our attorneys at Casey, Simmons & Bryant, PLLC bring decades of combined experience to these modification cases and follow a meticulous preparation process. We work with clients to build a clear timeline, collect supporting records, and, when appropriate, present realistic, step-by-step proposals instead of extreme all-or-nothing changes. That preparation helps judges in Jackson see the full picture and understand why a change is or is not in the child’s best interests at this point in time.
When To Talk With A Jackson Custody Attorney About Substance Abuse Concerns
No article can capture every twist a custody case involving substance abuse can take. What might be a manageable concern in one family can be an emergency in another, depending on the child’s age, the severity of use, and the overall stability of each home. Knowing when to involve an attorney can keep you from overreacting to a manageable problem or underreacting to a serious danger.
As a general rule, you should seek legal advice quickly if there have been recent incidents like a DUI with the child in the car, an overdose, repeated intoxication while caring for a young child, or new criminal or DCS involvement. You should also talk with a Jackson custody attorney early if you are thinking about entering treatment while a custody case is pending, or if you and the other parent are discussing an informal shift in where the child lives. Early guidance can help you structure decisions in a way that makes sense to the court later.
When you meet with a Jackson custody attorney, bring any documentation you have, even if it feels messy or incomplete. That can include your notes about incidents, screenshots, medical or court papers, and any testing results. At Casey, Simmons & Bryant, PLLC, we combine our focused family law and criminal defense work with a commitment to personal attention and open communication. We use your documents, your history, and your goals to build a strategy that fits your family instead of squeezing you into a one-size-fits-all plan.
Talk With A Jackson Attorney About Substance Abuse & Custody
Substance abuse and custody disputes put enormous pressure on families. Whether you are trying to protect a child from an unsafe situation or working to show that your recovery is real, you do not have to navigate this alone. Understanding how Jackson courts think about substance use, what evidence matters, and what options exist for safety and rebuilding parenting time can make the path forward clearer.
If substance abuse is affecting your custody case or you see signs that it soon might, a conversation with a Jackson custody attorney can help you avoid missteps and focus on what will actually matter to the court. We can walk through your specific facts, explain how judges in our local courts have approached similar situations, and help you decide on a plan that protects your child and respects your role as a parent.
Call (731) 256-0023 to discuss your situation with Casey, Simmons & Bryant, PLLC.