How Substance Abuse Affects Child Custody Decisions | Episode 44

Substance Abuse and Parenting Time in Colorado Divorce CasesIn this episode of Divorce at Altitude, Ryan Kalamaya breaks down one of the most emotionally charged and misunderstood issues in Colorado family law: how alcohol or drug abuse affects custody and parenting time. Many parents assume that if the other parent has a substance abuse problem, they will automatically lose custody. In reality, Colorado courts take a far more nuanced, child-focused approach.Ryan explains how courts balance a parent’s right to maintain a relationship with their child against the best interests and safety of the child under Colorado law. Substance abuse alone is not enough there must be a clear impact on parenting or a risk of harm to the child. The episode walks through how substance abuse issues are evaluated, what evidence matters, and what legal tools are available when a child’s safety is at stake.Listeners will learn about court-ordered evaluations, including Certified Addiction Counselors (CACs), Child and Family Investigators (CFIs), and Parental Responsibilities Evaluators (PREs), as well as the role these professionals play in custody disputes. Ryan also explains common alcohol and drug testing options, such as ETG urine tests, hair follicle testing, portable breath tests, and monitoring tools like Soberlink—along with their strengths, limitations, and costs.Episode OutlineHow Substance Abuse Affects Custody DecisionsWhy alcohol or drug use does not automatically eliminate parenting time in Colorado.Best Interests of the Child StandardHow courts evaluate whether substance use actually impacts a child’s safety or well-being.Court-Ordered EvaluationsThe role of CACs, CFIs, and PREs in identifying and assessing substance abuse concerns.Alcohol and Drug Testing OptionsETG tests, hair follicle testing, breath tests, and real-time monitoring tools like Soberlink.Parenting Time Restrictions and EnforcementWhat happens if a parent tests positive or appears impaired during parenting time.Steps Courts Expect from Parents with Substance IssuesTreatment, testing, support programs, and demonstrating accountability.What is Divorce at Altitude? Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].************************************************************************DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.