When substance abuse becomes a factor in a Georgia divorce or custody case, the stakes are immediately higher, especially when children are involved. Judges do not take these matters lightly. Even if both parents agree on most aspects of the separation, concerns about drug or alcohol use can quickly reshape the outcome of a custody or visitation order.
At Sachs Family Law, we’ve seen firsthand how addiction, whether ongoing or in recovery, can influence legal decisions in Buford, Commerce, and throughout Northeast Georgia. Georgia courts are guided by a single priority in child custody matters: the best interests of the child, as outlined in O.C.G.A. § 19-9-3. When one parent is struggling with addiction, or even accused of substance misuse, the court may take steps to limit their access to their child or require safeguards to protect the child.
In this post, we’ll explain how Georgia law treats substance abuse in divorce and custody cases, what kind of evidence courts consider, and what your options are, whether you’re concerned about a co-parent’s addiction or working toward recovery yourself. If you’re facing a custody case involving substance abuse, the legal system can feel overwhelming. Sachs Family Law is here to guide you with experience, clarity, and compassion. Let’s take a closer look at how the law applies in these difficult, but not hopeless, situations.
How Substance Abuse Influences Child Custody in Georgia
In Georgia, child custody decisions are always made with one guiding principle: the best interest of the child. This standard is codified in O.C.G.A. § 19-9-3(a)(3), which requires judges to evaluate numerous factors, including the physical and emotional health of each parent, when determining legal and physical custody. Substance abuse is a serious red flag in this process. If there is evidence of ongoing drug or alcohol abuse, a judge may be reluctant to grant unsupervised visitation to the parent in question. The court’s primary concern is the child’s safety and stability. This means that even if a parent has a strong bond with their child, a pattern of substance use, especially if it has impacted parenting ability in the past, can lead to restrictions such as:
● Supervised visitation only, sometimes through a third-party professional
● Court-ordered drug or alcohol testing as a condition of parenting time
● Suspension or reduction of visitation rights until sobriety is demonstrated
In some cases, the court may allow reunification plans, structured processes by which a parent can gradually regain access to their child after demonstrating recovery and stability. But the burden is on the parent struggling with addiction to show the court that they are actively addressing the issue.
At Sachs Family Law, we help clients navigate both sides of these complex situations. If you’re worried about your child’s safety due to a co-parent’s substance use, we can help you gather the right evidence and make a strong case for protective custody arrangements. If you are a parent in recovery, we can also advocate for your rights and help you demonstrate to the court that you’re on the right track.
Proving Substance Abuse in Georgia Custody Cases
Allegations of substance abuse carry serious weight in divorce and custody proceedings, but the court requires credible, specific evidence before restricting a parent’s rights. In Georgia, the family court system operates under the presumption that it is in a child’s best interest to have a relationship with both parents, but that presumption can be rebutted with proof of behavior that threatens a child’s well-being. If you believe your co-parent’s substance abuse endangers your child, your attorney will help you gather and present admissible evidence.
This may include:
● Police reports documenting DUI charges, possession, or domestic disturbances
● Medical records showing overdose, substance-related injuries, or treatment history
● Social media content or messages indicating ongoing drug or alcohol misuse
● Witness testimony from family, neighbors, teachers, or others with firsthand knowledge
● Court-ordered evaluations or drug/alcohol screenings as part of the custody process
It’s important to note that a single past incident, particularly one that occurred years ago or was never repeated, may not be enough to sway a judge. Georgia courts want to see patterns of behavior and clear evidence that the parent’s substance use affects their ability to care for the child.
That said, credible and well-documented concerns can and do lead to court-imposed restrictions. If you have safety concerns, it’s critical to act early and with the support of experienced counsel. At Sachs Family Law, we work closely with clients in Buford, Commerce, and the surrounding areas to ensure that judges have the full picture when making custody decisions.
If you’re unsure what qualifies as admissible evidence or how to begin building your case, we can help. Your child’s safety is too important to leave to chance. Reach out to our firm today to schedule a private consultation.
Rehabilitation and Custody: What Happens When a Parent Gets Help
Substance abuse can deeply impact a custody case, but a parent’s past struggles don’t automatically disqualify them from being involved in their child’s life, especially if they’ve taken meaningful steps toward recovery. Georgia family law recognizes that people can change. Under O.C.G.A. § 19-9-3(b), a custody or visitation order may be modified if there has been a “material change in condition or circumstances” affecting the child’s welfare. Successful completion of a rehabilitation program, ongoing sobriety, and a demonstrated commitment to recovery may qualify as such a change.
Courts will consider:
● Length and stability of sobriety
● Completion of inpatient or outpatient treatment programs
● Participation in ongoing support (e.g., AA/NA, therapy)
● Drug testing results
● New employment or housing stability
● Parenting education or counseling involvement
Even when a parent’s visitation has been previously restricted or suspended due to substance abuse, they may be able to petition the court for expanded parenting time, or even shared custody, if they can prove that the conditions that once posed a risk have been resolved. In some cases, this may involve a gradual increase in contact or continued supervision until trust is reestablished.
At Sachs Family Law, we work with both parents seeking to protect children from the effects of substance abuse and those who are on the road to recovery and want to rebuild their relationship with their child. Our goal is to help families navigate these complex transitions with honesty, dignity, and the child’s well-being at the center of every decision.
If you’ve taken real steps toward sobriety and want to modify an existing custody order in Buford or Commerce, contact Sachs Family Law. We can help you present the strongest possible case for reconnection and demonstrate to the court that your child’s best interest includes your continued presence.
Facing Custody and Substance Abuse Concerns? Sachs Family Law Can Help
Substance abuse can make an already difficult divorce or custody case feel overwhelming, but you don’t have to navigate it alone. Whether you’re concerned about your child’s safety in the other parent’s care, or you’re working to prove your own recovery and stability, the stakes couldn’t be higher. Georgia courts will always prioritize the child’s best interests, but presenting your case clearly, lawfully, and effectively makes all the difference. At Sachs Family Law, we’ve helped families across Buford, Commerce, and surrounding North Georgia communities handle these highly sensitive situations with clarity, discretion, and deep legal experience. We understand the evidentiary standards involved in proving substance abuse, the importance of early intervention, and how to structure reunification or modification requests in a way that courts take seriously.
Don’t wait for the situation to escalate or assume the court will see things your way without preparation. These cases demand skilled legal strategy and compassionate advocacy, both of which Sachs Family Law is known for. Contact us today to schedule a confidential consultation. Let’s protect your children, preserve your rights, and help you move forward with confidence.
