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However, if the other parent fails the drug test, the court may order that parent to pay for it. We also encourage you to read our guide on divorcing an addict. So, What Should I Do? 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. The motion to request drug testing should be filed with the help of an attorney who is experienced in custody cases. The order will state which parent has full custody, whether custody is joint or sole, the type of custody, and so on. If the court finds the motion for drug testing to be adequately supported, testing may be conducted through a Treatment Assessment Screening Center (TASC).
Refrain from seeking a drug test solely out of bitterness or competition. If you are considering filing a motion to order drug testing, there are several important things that you should keep in mind. Show drug use in recent months. What Kind of Drug Test will be Requested? During this hearing, the concerned parties will have an opportunity to present evidence to the court that indicates why drug testing is appropriate. In child custody cases, the most critical factor that a judge will consider is the health, living conditions, the physical safety and well-being of a child. The court may decide to allow the parent to enter a drug treatment facility or attend a drug treatment program. You should not delay filing it if a child is potentially in danger due to the parent who has the drug addiction issue. Courts usually do not deal with such issues on an emergency application, also called an ex-parte application. Blood Drug Testing: A needle is inserted into a person's vein to test the blood for drugs and alcohol. 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. Opiates, or foreign drugs (i. e., methamphetamines). Record of attendance at a rehab facility is also helpful in this regard. An attorney will know based on the evidence you provide on whether or not a drug test is feasible or favorable.
This is especially true when one of the parties accuses the other of being a drug user. The courts may only order drug and alcohol testing done in the least intrusive method. Some examples of the types of drug tests a court may request in a child custody case include: - A urine sample that tests for various drugs (i. e., a panel); - A tube of saliva or spit; - A sample of a person's hair; and/or. The law does not mandate exhibits. If you have evidence the other parent is abusing drugs, regular and random drug testing is vital for the minor children's safety. US Drug Test Centers are conveniently available in every city in the United States, with more than 20, 000 locations nationwide. The court is more likely to order a drug test if, for example, one or both parents has a criminal arrest record relating to substance abuse. The alcohol content in urine is sometimes utilized to estimate an individual's blood-alcohol content. Exhibits are not mandatory to support a motion for drug testing. Although there are other ways for a person who is struggling with substance abuse to rehabilitate themselves, these are among the most common.
If you decide to proceed with a drug test, your attorney will file a motion requesting one from the court. Furthermore, a drug-addicted parent could place the child at risk of harm. Sometimes the courts may inquire whether there is a family member who could supervise the child's visits. Our law firm is prepared to assist you with a wide variety of domestic relations matters. Fighting for Child Custody in Lawrenceville, GA. Georgia child custody laws grant parents physical and/or legal custody. If you have been required by the court to complete a child-custody related drug and/or alcohol test or if you need to comply with follow up testing requirements, you will need a company like US Drug Test Centers to help you quickly and conveniently complete the testing requirements and stay in compliance with any follow up testing. If a parent tested positive for drugs and the judge restricted custody and visitation based on drug use, the parent could obtain custody rights and visitation in the future. They should work with an attorney to file a motion asking the court to order a drug and/or alcohol test and consider those test results when making any custody decisions. United States government data suggests that as many as six million children live with a parent who has a substance abuse problem. If you are thinking about making a motion for your divorcing spouse to undergo drug testing during your child custody case, it's important to remember that the court will likely order that you undergo testing, as well. A family court may even decide that they are not equipped to interact with the child without supervision. Therefore, the judge may grant full custody to the parent who is not using drugs. Contact an experienced family law attorney for advice! The court can make these classes mandatory as part of the visitation order.
Step 4: Get a response. 33 times greater than the amount of alcohol in their bloodstream. 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. However, the court could deny visitation, depending on the severity of the circumstances. If you are concerned that your ex is abusing drugs, Stange Law Firm, PC, can help you file a motion to obtain a drug test. Do you have a child custody case that may require a drug testing motion? Ordering a Drug Test. Judges do not order drug tests just because one parent accuses the other parent of drug use.
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. A urine test is generally requested in conjunction with a hair or nail test. If a parent has received treatment and remained sober for a long period, then they may request to have their child custody order modified. In certain circumstances, family courts may order drug testing of parents. When drug use or substance abuse is evident, family courts will take whatever action is deemed appropriate to protect the child's physical safety, psychological health, and emotional well-being. Similarly, if you fail a court-ordered drug test during a divorce, your attorney can assist you in mitigating the damages. For a drug test to be useful, you will have to prove that your partner's drug use will be detrimental to your child.
Blood tests are more accurate than the others and can be used to test for much longer amounts of time. Beyond that, it is crucial that parents understand that family courts will not automatically order testing. Some of the most common types of drug testing order by family law courts include: - Urine Sample Test: A urine sample is the most common type of drug test used by family courts. Some laboratories will choose to screen urine specimens for ethyl sulfate (EtS), another biomarker that indicates recent alcohol use (very limited availability). In child custody cases, the most common drug test is a urine drug screen. What is Drug Testing Used For? If both parents continue to behave in a way that is harmful to the child, then a court may take away custody and order the child to be removed from the home. The amount of alcohol in a person's urine is approximately 1. Because accusations of drug or alcohol abuse are taken so seriously, it is often not enough to simply tell the court that your former spouse or partner has abused these substances. Even better, the parent should attempt to file this motion prior to the court entering its orders on any motions for temporary relief pending the outcome of the divorce. Is there a reason why a parent shouldn't request a drug test? During child custody cases, allegations of drug and/or alcohol abuse are serious. Same-day testing is done to guarantee that the person is not tampering with or lying about their drug usage or test results. When is drug testing required in child custody or visitation cases?
As such, it is used less frequently than urine tests or hair follicle tests. Even if the parent completes drug treatment, the fact that the parent abused drugs factors into the judge's custody decision. In a large number of family law cases, one of the ways to differentiate between the capabilities of the parents is to present evidence that a parent is using illegal drugs or is excessive with their consumption of alcohol. If your spouse is not dangerous and your child wishes to remain in contact with them, you might want to reconsider why you are seeking a drug test in the first place. Before making this decision, it's essential to consider the potential consequences of doing so. Know the Law: Family Courts Protect the Best Interests of the Child. Thus any allegations of illicit drug and/or alcohol misuse during child custody cases are treated very seriously.
Urine Drug Testing: Urine can be tested in a variety of different ways. Absolutely, and you should seek professional help in Child Custody cases. However, some companies pay upwards of $100 per employee for this test. A parent who tested positive for using hard drugs such as 6-MAM will be judged differently than a parent who tested positive for only a small amount of alcohol. Courts still prefer to split custody between both parents. The court will likely need to see solid evidence that your partner is abusing drugs or alcohol. As previously mentioned, the court will not normally sever all ties between a child and their parent based on a failed drug test. In the end, a judge must rule in the best interested of the child when determining where a child should live and who should have any visitation rights with the child. The court system is more complex than it should be. Last Updated on December 2, 2022 by Benson Varghese.