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If they feel a parent who tested positive cannot responsibly care for their child, they may be granted supervised visitation with the ability to petition for more custody if they stop using drugs. If you have no reason to believe the other parent is using drugs, requesting a drug test could backfire. The most important standard that controls all North Carolina child custody cases is that the judge must act in the best interests of the child. Does the other parent get to respond to the motion for drug testing? The court may also require "independent corroboration" of drug and alcohol use. Responding to drug testing motion. Here is how you file a motion in family court to get drug testing orders. Courts often require a preponderance of the evidence to move forward with a drug test. Drug testing is carried out by analyzing one or more samples of blood, urine, hair, saliva, or sweat and measuring the levels of drug metabolites therein. Sometimes, one or both partners have a drug or alcohol problem.
If enough information is produced to convince a court that unlawful drug usage is a problem in a case, the judge may order a divorce drug test of one or both parties without a formal request from either side. If you have any additional questions or you need help with a motion for drug testing, you must contact a qualified attorney in your area. Therefore, the judge may postpone the child custody hearing for several months to determine if the parent can overcome their drug problem. Record of attendance at a rehab facility is also helpful in this regard. A parent may need to present a strong case to get mandatory testing of their former partner. If your spouse is actively using illegal drugs, this will be a major factor in influencing the court's decision on visitation and custody, especially if you have a young child or a child with special needs. These laws make it a crime to endanger the life or well-being of a child based on an adult's reckless conduct. The above only scratches the surface on the types of requests that should accompany a drug testing motion.
Obviously, if your spouse is an active drug user, this would be highly relevant when the court is analyzing visitation rights and whether to award sole custody to one parent over the other. It's important to remember that a positive result on a drug or alcohol test does not automatically mean an adverse outcome in the custody determination for the parent who tested positive. If you are wary about whether you can or should request a drug test, consulting, your lawyer can help. When filing a motion for testing, it is helpful to submit a sworn affidavit in support testing, including details of how the alleged drugs impact the children. Alcohol will usually be present in a person's urine specimen within one-hour of consuming, and alcohol typically remains detectable for up to 12 hours. 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). While family law cases are handled at the state level — and states all have their own rules and standards — family courts across the country are committed to protecting the best interests of the child.
You cannot cite the apparent presence of substance abuse as evidence, so changes in your spouse's behavior or the appearance of drug use do not count as actual evidence. Will The Court Always Grant A Request For Drug And Alcohol Testing? When possible, courts generally consult the child about which parent they feel most comfortable with and with whom they wish to live. If you're considering divorce in New Jersey or dealing with child support, child custody, property division, or other family law issues, contact the Englewood family law attorneys Herbert & Weiss at (201) 500-2151. A parent who petitions the court to request drug testing should compile as much evidence as possible regarding the other parent's drug use. How Do You Obtain a Court Order Requiring Drugs Tests in a Child Custody Case? If one parent suspects the other of using drugs, they may be able to petition the court to have drug testing performed.
Once the motion is filed, both parents will have a chance to argue their case during a hearing to determine whether a drug test is necessary. We offer a variety of testing panel options to accommodate the specific screening requirements of your child custody drug testing case, including: US Drug Test Centers use SAMHSA-certified laboratories, and your drug screening results will be reviewed by a medical review officer (MRO) for accuracy and to determine if any positive results are due to legally prescribed medications. However, courts are not keen on severing all ties between child and parents. It is very common in Texas for the Court, either on its own motion or the motion of either or both parties, to order drug and/or alcohol testing of one or both parents. Because a day or an hour may significantly influence results in drug testing, a judge will usually compel a party to submit to a drug test within hours of the court hearing. If we can help you, we will provide you with a reasonable quote to get started on your case. Not passing a drug test during in a child custody dispute can be extremely damaging. Your lawyer can order a re-test, show the judge that you are not a habitual user, and fight for child custody on your behalf. What should a custodial parent do if they are concerned about drug use by the non-custodial parent? A divorce attorney will be experienced in filing the necessary papers and utilizing test evidence to assist you in fighting your case. The amount of alcohol in a person's urine is approximately 1. This could include documented reports from organizations providing substance abuse services, social welfare agencies, law enforcement, courts, medical facilities, and probation departments.
Depending on the circumstances and the judge's preference, the judge may order hair, urine, or blood tests for drug detection. If official documentation of your spouse's substance abuse problems is not available, you may file a declaration to the court concerning the substance abuse. To learn more and get the help you deserve, call our divorce & family law firm at (404) 594-2143 or reach out to Crystal Wright Law online by visiting our contact us page. There are several different methods of drug tests; which specific type will be ordered by a family court depends on a wide range of different factors. Some facilities claim to have advanced hair testing methods that catch THC more successfully than their predecessors. It may even result in jail-time for that party. A small amount is expelled through a person's breath and sweat.