Drug or alcohol abuse by a parent is a factor a Georgia judge may weigh in deciding custody, and serious abuse can cost a parent visitation altogether.
What the Statute Says
OCGA 19-9-3(a)(3)(Q) lists “[a]ny evidence of substance abuse by either parent” among the factors a judge may consider in deciding what is in the child’s best interests. It is one factor among many, and the judge weighs it against everything else in the case.
When It Costs a Parent Visitation
In Bishop v. Baumgartner, 292 Ga. 460 (2013), a divorcing father had been arrested twice for driving under the influence and had served three days in jail. The guardian ad litem recommended supervised visits, but the trial court gave the mother sole custody and gave the father no visitation. The Georgia Supreme Court affirmed, pointing to his lack of interest in the child, “his chronic excessive use of alcohol, and his lack of judgment.” It added that he could still seek a modification later by showing a change in his conduct.
Similarly, in Simmons v. Wilson, 343 Ga. App. 857 (2017), a case that changed an existing order, a father with a history of methamphetamine abuse tested positive for the drug and had not completed the counseling a family violence protective order required. The trial court gave the mother sole legal and physical custody and the father no visitation, allowing him only letters, messages, cards and gifts. The Court of Appeals affirmed.
Not Every Case Ends That Way
Substance abuse does not automatically decide custody. Our post on alcohol and custody covers a father who drank heavily and still received primary physical custody, under conditions. Our post on drug testing and supervised visitation covers how testing works and how supervision ends.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!