One of the most pressing questions parents ask is:
“If the other parent abuses drugs or alcohol, can custody be changed in Brooklyn Family Court?”
The answer is yes. In New York, substance abuse is considered a serious risk to children’s safety and well-being. Judges place the child’s best interests above all else, and if a parent cannot provide a stable and safe environment, the Family Court may transfer custody or limit parenting time. At the same time, the law recognizes that recovery is possible. Parents who complete treatment and demonstrate long-term sobriety often see their custody rights restored.
As an experienced Brooklyn custody attorney, I have represented parents on both sides of this issue—those seeking to protect their children from harm and those working to reunite with their families after overcoming addiction.
📖 Learn more: Child Custody & Visitation in Brooklyn
How Judges in Brooklyn Respond to Substance Abuse
Family Court judges in Brooklyn and across New York take a proactive approach when a parent’s drug or alcohol use endangers children. The law presumes that children should have ongoing contact with both parents whenever possible, but that presumption gives way to safety concerns when substance abuse interferes with parenting.
- Example 1: In one case, a parent’s repeated alcohol misuse led to a temporary transfer of custody to the other parent until treatment was completed.
- Example 2: In another case, the Court required supervised visitation because drug use made unsupervised time unsafe.
Judges often act quickly if credible evidence shows that children are at risk. That’s why having strong documentation is essential.
What Evidence Is Needed to Prove Substance Abuse in Custody Cases?
Family Court does not act on suspicion or rumor. Judges require solid proof that substance abuse is impairing parenting abilities. Common types of evidence include:
- Police or hospital reports documenting incidents tied to drugs or alcohol.
- Drug or alcohol test results, including court-ordered screenings.
- School records showing chronic absences or neglect.
- Testimony from relatives, neighbors, or service providers.
- Agency or ACS reports documenting patterns of unsafe conduct.
- Example 3: In one Brooklyn case, a parent’s multiple failed drug screens formed the basis for modifying custody.
- Example 4: School attendance records that showed neglect linked to substance abuse supported another custody change.
Because these cases are evidence-driven, it is crucial to work with a Brooklyn family law attorney who knows how to collect, present, and challenge this evidence effectively.
📖 Local resource: Odyssey House New York
Can Custody Be Restored After Recovery?
Yes. New York Family Courts acknowledge that recovery is possible and that children benefit when parents successfully overcome addiction. Judges look for consistent proof of sobriety, completion of treatment programs, stable employment, and positive parenting behavior before expanding visitation or restoring custody.
- Example 5: A parent regained overnight visits after presenting months of clean drug screens and letters from treatment providers.
- Example 6: Another parent saw full custody restored following completion of a rehabilitation program and steady re-entry into the workforce.
Recovery is not just about abstinence—it’s about building stability. Parents who demonstrate they can provide for their children’s daily needs, maintain safe housing, and follow through on commitments often succeed in regaining custody.
📖 Local resource: Phoenix House
When Joint Custody Breaks Down
Joint custody requires mutual trust, consistent communication, and shared responsibility. When one parent is actively struggling with addiction, these conditions break down. In such cases, judges may award sole custody to the sober parent, while allowing the other parent limited or supervised visitation until recovery is proven.
- Example 7: A parent who ignored treatment orders lost joint legal custody, leaving the other parent with sole decision-making authority.
- Example 8: Supervised visits remained in place until the parent demonstrated consistent sobriety.
For many families, this approach provides children with needed stability while encouraging the struggling parent to continue working toward recovery.
Lessons from Other States
While every state places children’s safety first, New York’s rules align with those in nearby jurisdictions. For example, in New Jersey, courts also restrict custody and visitation when substance abuse endangers children. Judges there may order rehabilitation as a condition of restoring parental rights.
📖 Comparison: Substance Abuse and Custody in New Jersey
(Note: Gilmer Law Firm, PLLC does not practice in New Jersey; this resource is provided for comparison only.)
Steps if You Suspect the Other Parent Is Abusing Drugs or Alcohol
If you believe the other parent’s substance abuse is affecting your children, it is important to act quickly and strategically.
- Document incidents. Keep records of missed visits, unsafe behavior, or intoxication around the children.
- Collect reports. Save school, medical, or police documentation that shows the impact on the children.
- File a petition. Bring your concerns before the Family Court with supporting evidence.
- Request safeguards. Ask the judge for drug testing, supervised visitation, or other protective orders.
- Example 9: In one case, repeated school absences prompted the Court to transfer custody.
- Example 10: Randomized drug testing was required before a parent could move from supervised to unsupervised visitation.
👉 Learn more: Brooklyn Custody & Visitation Attorney
Frequently Asked Questions
Q: Can a parent lose all rights because of substance abuse?
A: Judges usually allow some form of supervised visitation unless the risk to the child is extreme.
Q: Can the court order rehab?
A: Yes. Family Court can require treatment as a condition of expanded visitation or custody restoration.
Q: Do I need a lawyer for these cases?
A: While not required, a New York family court attorney ensures that your petition is prepared properly, deadlines are met, and your evidence is presented in the way judges expect. Having counsel by your side can make the difference between success and dismissal.
Q: What if both parents are struggling with addiction?
A: In such cases, courts may place children with grandparents or relatives temporarily to ensure safety and stability.
Affordable Custody Representation in Brooklyn
At Gilmer Law Firm, PLLC, we understand that substance abuse custody cases are often urgent and emotionally overwhelming. Families need strong advocacy but may also face financial strain. That is why our office provides flexible payment plans and limited scope representation options to make sure parents have access to a qualified, affordable custody attorney.
Parents who need additional guidance on filing petitions, presenting evidence, or responding to ACS involvement can also benefit from working with a New York family court attorney who understands the procedures and expectations of judges across the five boroughs.
📍 Learn more: Affordable Family Law Services in Brooklyn
Key Takeaways
- Substance abuse is a critical custody factor in Brooklyn Family Court.
- Judges require reliable evidence before changing custody orders.
- Custody may be restored when recovery and stability are proven.
- Sole custody may be awarded when joint custody fails.
- Community programs such as Odyssey House and Phoenix House provide recovery support.
- An experienced Brooklyn custody attorney helps protect children and guide parents through Family Court.
If drug or alcohol abuse is impacting your family, do not wait until the situation worsens. Call Gilmer Law Firm, PLLC today at (718) 864-2011.
Work with a trusted Brooklyn custody attorney or a dedicated Brooklyn family court attorney who understands both the law and the challenges of substance abuse. Let us help you protect your child’s safety while building a secure future.
