Substance abuse can significantly impact a parent’s custody rights in Minnesota. When courts make decisions about custody and parenting time, a judge’s top priority is always the best interests of the child in question. If one parent struggles with alcohol or drug abuse, the court will carefully evaluate how that substance use affects their ability to care for their child safely and consistently.
Minnesota law allows both legal custody (decision-making authority) and physical custody (where the child lives) to be shared or granted solely to one parent. In any custody dispute, the court considers a variety of factors, including each parent’s ability to provide a stable, nurturing environment. Substance abuse, particularly if it poses a risk to a child’s health or emotional development, can weigh heavily against the parent who is not yet sober.
Potential impacts
If there is evidence of recent or ongoing substance abuse, the court may limit that parent’s custody or parenting time. In some cases, parenting time may be supervised, restricted, or temporarily suspended until the parent can demonstrate sobriety and a commitment to recovery. The court may also require the parent to undergo drug or alcohol testing, attend treatment programs, or provide regular updates on their progress.
However, a history of substance abuse does not automatically disqualify a parent from having a relationship with their child. Courts understand that people can and do recover, and they may consider a parent’s efforts to seek treatment, maintain sobriety and build a stable lifestyle. The key is whether the parent is actively working to overcome their addiction and whether the child’s safety can be reasonably protected.
In cases where both parents agree, they may be able to work out a custody arrangement that takes a parent’s recovery into account while still allowing for meaningful contact. Otherwise, a court will need to determine what it believes is best, in either a disputed initial custody scenario or a modification situation. In either event, both of a child’s parents should seek legal guidance to better ensure that their child’s best interests are honored moving forward.