Section 9.16 Drugs and Alcohol

• Library: Family Law Deskbook and 2014 Supp

I. (§9.16) Drugs and Alcohol

It has been held to be reversible error if the trial court does not allow evidence of a parent’s alleged alcohol or drug usage before it makes a custody determination. In Cummins v. Cummins, 873 S.W.2d 280 (Mo. App. W.D. 1994), the appellate court found that the trial court erred by not allowing the father to testify regarding the mother’s alleged use of drugs. Likewise, in Roth v. Roth, 793 S.W.2d 590 (Mo. App. E.D. 1990), the father tried to show that the mother had undergone treatment for alcohol and was therefore unfit to have custody of the children. The Eastern District determined the trial court committed reversible error by excluding the evidence based on mother’s claim of physician-patient privilege. This type of evidence is relevant when determining the best interests of a child. Id.

In In re Snoke, 913 S.W.2d 407 (Mo. App. W.D. 1996), the mother filed a motion to modify the restricted visitation of her children that was because of her abuse of alcohol and prescription drugs. The trial court granted the mother’s motion, but the appellate court reversed the decision and held that the best interests of the child required that the mother’s visitation remain restricted...