Alcoholism and Its Impact on Divorce and Child Custody in Texas

When couples divorce, emotions often run high, but when alcoholism or heavy drinking is part of the picture, the process becomes even more complex. Alcohol use can affect everything from child custody to property division and the court’s overall perception of each party’s stability.

Our firm frequently handles cases where alcohol use or abuse plays a role. Whether one spouse has a history of drinking or there are disputes about the extent of someone’s use, these cases require both sensitivity and strategy.

Alcohol and Divorce

Alcohol is legal and widely used, but it’s also one of the most common sources of conflict in family law cases. For some, the issue might be as simple as differing opinions. One spouse enjoys a nightly glass of wine while the other disapproves of any drinking. For others, it’s far more serious, involving habitual intoxication, financial instability, or child neglect.

We’ve seen situations where alcohol spending became a financial issue, where thousands of dollars are spent each month, impacting the family’s budget. But the majority of alcohol-related disputes arise in the context of child custody, not finances.

When parents separate, their drinking habits often become central to custody disputes. Consider a situation where one parent routinely drinks to the point of passing out each evening, leaving the other to care for young children alone. Once separated, that safety net disappears. The sober parent understandably worries about what happens when the children are in the other parent’s care.

Family courts in Texas always focus on the best interests of the child, and evidence of excessive drinking can directly affect custody outcomes. Judges want to know whether a parent can provide a safe, stable, and nurturing environment, and alcohol abuse undermines that confidence.

Alcohol and Child Custody

Parents who are found to have drug and alcohol abuse problems may lose custody, and they may not be allowed to visit their children unsupervised, or at all, in some cases. Drug and alcohol testing are also commonly required as a condition of either visitation or custody. This can be in the form of hair follicle tests, nail tests, breathalyzers or urinalysis testing. Of course, the abuse of drugs or alcohol must be proven with clear and convincing evidence, and must not be just an accusation by the other parent.

Once the alcohol and drug abuse has been proven, it will be up to the judge to determine what type of custody or visitation the parent should or should not have. Parents with alcohol abuse problems will generally not be given custody of their children unless they can show that they have completed substantial rehab, and it is in the best interests of the child for them to have access/visitation to the child. Supervised visits will most likely be ordered until the parent can prove continued sobriety. How long the parent must be clean and sober before being allowed to have unsupervised visits with his or her children will be up to the judge.

Defining and Proving “Alcoholism” in Court

Not every accusation of alcoholism holds up under scrutiny. Many people come to us saying, “My spouse is an alcoholic,” only for it to turn out that the spouse simply has a beer with dinner. On the other hand, we’ve had clients minimize their spouse’s drinking only to later discover hidden bottles, multiple DWIs, or years of excessive consumption.

That’s why it’s critical to define what’s really going on. We dig deep into the facts:

• How much and how often does the person drink?
• Are there arrests, medical records, or eyewitness accounts?
• Are the children being left unattended or placed in unsafe situations?

Alcohol is tricky to prove in court and each case is unique and so are the solutions. Unlike illegal drugs, alcohol leaves the system quickly, and there’s no simple test to detect long-term use. However, there are testing programs that require participants to check in several times a day, often through breathalyzers connected to an app, to demonstrate ongoing sobriety.

There are also random testing systems, which can be more effective because they prevent predictable “drinking windows.” And for long-term monitoring, there are blood tests that detect alcohol-related biomarkers, though they can’t pinpoint exactly when someone last drank.

Judges also pay close attention to behavioral evidence. How a person presents themselves in court, in communications, and in daily life, often says more than any lab result. Those committed to sobriety tend to show visible improvement over time.

When the Accused Parent Seeks Recovery

We also represent parents who recognize their struggle and want help. Alcoholism is a disease, and recovery is possible. For those clients, we encourage immediate steps such as:

• Entering treatment or support programs (e.g., AA or counseling)
• Participating in voluntary alcohol testing
• Maintaining complete sobriety, especially around children

Taking proactive responsibility not only benefits their health and relationships but also strengthens their credibility in court. Judges and opposing counsel notice genuine change.

When Relapse Happens

Relapse is a reality for many people in recovery. Family law cases involving relapse can be challenging, particularly when children are involved. Courts must balance safety with compassion.

If a parent who’s made progress toward sobriety slips once or twice, we look at the details: Was it a one-time lapse or a week-long bender? Did it happen while the children were present? Transparency and accountability matter. A candid admission, coupled with renewed commitment to recovery, often goes further in court than denial.

Helping Families Move Forward

At Walters Gilbreath, PLLC, we represent both sides of these difficult cases, the parent struggling with alcohol as well as the protective parent worried about their children’s safety. Our goal is always to protect children while helping families move toward stability and healing.

Sometimes, the legal process itself serves as a turning point. We’ve seen parents use court-ordered sobriety monitoring as motivation to rebuild their lives and, years later, thrive in recovery. Those are some of the most rewarding outcomes we see as family law attorneys.

Alcohol abuse can devastate families, but it can also become a catalyst for lasting change. If you’re facing a divorce or custody dispute involving alcohol, the best thing you can do is seek experienced legal guidance from attorneys who understand both the human and legal sides of addiction.

Our team has decades of experience handling these sensitive cases. We help clients navigate the process, protect their rights, and find solutions that serve their families’ long-term well-being.