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If your child's other parent fails a court-ordered drug test, the court may grant you sole custody of your child. However, there could be circumstances that warrant primary or sole custody, such as drug use. A court will often order drug testing or allow a motion to file for drug testing only if there are grounds to think drug misuse is taking place. The amount of alcohol in a person's urine is approximately 1. What Is The Process For Having The Other Parent Tested For Drugs In A Custody Case. If your former partner passed a drug test, and you believe that they are still unable to provide adequate care for your child, you still have legal options available. Testimonies or affidavits from social workers. Once the motion is filed, your spouse's lawyer will likely file a response disputing the allegations raised in the motion. The Types of Drug Testing. Since these consequences are so seriously impactful, it is often not enough to voice your concerns or testify to the court that your former spouse or partner uses or abuses illicit substances or alcohol.
Hair Follicle: Another method of drug testing is to perform an analysis of the hair follicle. Test results are typically available within minutes. Motion for drug testing. The way in which an optimal drug and alcohol testing agreement will be structured between parents will depend on the type of substances used, the frequency with which they are used, and the severity of use. Substance abuse is a tragic and widespread issue in the United States, and drug and alcohol use plays a major role in many divorce cases.
Ordering a drug test can not only help you achieve physical custody of your child, but also legal custody, meaning you will be the sole authority in decisions about the child's education, health, and general upbringing. It is best to connect with an attorney as soon as you and your spouse decide to divorce. Therefore, the judge may grant full custody to the parent who is not using drugs. Typically, a fail is associated with illegally obtained prescription drugs (i. e., Oxycontin, Vicodin, etc. Courts seek to protect children when they are made aware that a parent has a substance abuse problem. Therefore, while the parent can be denied custody, they may still retain some visitation rights. Occasionally, accusations of drug abuse or alcohol abuse are enough for a judge to order a drug test without further proof. If you're in a custody case and need legal representation for drug-related issues, the Law Office of Nicholas T. Exarhakis can help. When the custody of your children is a main point of disagreement, either party may file a motion seeking to have the other party tested for drugs. This modification may allow for unsupervised or extended visits. However, when a parent makes the court aware of the situation, judges are within their jurisdiction to require drug tests. How to file a motion for drug testing form. However, suppose there is a potential threat of imminent harm to a child.
Is Drug Testing for Child Custody an Option? Completing these requirements may prove to the court that the parent is serious about creating a positive environment for their child. Child Custody Disputes And Drug Testing | Houston Family Law Lawyers. Beyond that, it is crucial that parents understand that family courts will not automatically order testing. Failing to show up or refusing the test only exacerbates the allegations and will not improve your position with the court. All of this can make those involved in a case both anxious and frustrated, feelings which might be even further complicated by the question of drug-taking. The court does not generally order drug tests in custody cases. Before making this decision, it's essential to consider the potential consequences of doing so.
Overall, when a judge has to decide where a child should live and who should be allowed to visit that child, the judge will take into consideration a parent's past drug and alcohol abuse. Remember, the court must act in your child's best interest. If you test positive for drugs, there may be serious consequences, including: * Losing custody or visitation rights. We also encourage you to read our guide on divorcing an addict. Therefore it is important to put some thought into what type of test would be appropriate under the Family Law - Is It Time for a Change? Table of Contents: - Drug Testing. DRUG AND ALCOHOL USE: WHAT YOU SHOULD KNOW BEFORE FILING A SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP IN TEXAS. The court can order either or both parties to submit to a drug test analyzing urine, blood, or hair, depending on the situation and the court's preferences. On the other hand, if the party completely fails to even take the drug test (as opposed to taking it and receiving failed results), the party can lose all parental rights over their child (e. g., physical and legal custody). In other cases, a parent may need to provide proof of substance abuse to the court, such as: One should never falsely accuse each other of having a drug problem to limit custody or visitation. Are there further legal repercussions for a positive drug test in a child custody case? Text messages, emails, photographs, and social media posts. Depending on the underlying facts, the court may step in and require one (or both) parents submit to drug tests without any requests being made. Next week I will discuss part I of a 4 part series, which will include: PART I. URINALYSIS DRUG TESTING.
What if I fail my drug test in a child custody case? How to file a motion for drug testing in va. You will have to obtain documented evidence that substance abuse is occurring and poses a threat to your child. Urine Drug Testing: Urine can be tested in a variety of different ways. In Texas, evidence that a parent may be engaging in criminal activity and actively using drugs is a major factor that will work against that parent in winning visitation and custody with a minor child, and will undoubtedly prompt the court to approve an opposing party's request for urine or hair follicle testing. A North Carolina family law attorney can provide legal advice in your divorce or custody case.
Courts make custody and visitation decisions based on what is best for the children. That is just not worth it because you will have to spend time showing the court that you are clean, sober, and capable of being a responsible parent. Frequently Asked Questions. In contrast, the former partner may also choose to submit a request for you to be drug tested. Custody battles can be emotional and difficult for all parties involved. Ultimately, family court judges will always put the best interests of a child above the interests of that child's parents when making custody decisions.