Examples of drug tests that a judge may order in a child custody lawsuit include: - Urine samples tested for multiple substances (sometimes known as a panel); - A nail examination test; - A tube of saliva or spit; or. 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. What happens after you file the motion for drug testing? Sometimes, a judge will order both parents to take a drug test while the child custody case is ongoing. In every child custody case, the most important factor that a court will consider is the well-being and physical safety of a child. How Can I Get a Drug Test Order in My Child Custody Case? However, if the other parent fails the drug test, the court may order that parent to pay for it. Those that fail a drug test may be required to attend an emergency order hearing, required to comply with a temporary order of supervised custody, or be required to take drug and/or alcohol treatment classes along with any other related corrective action(s) such as parenting classes, anger management courses, personal counseling, etc. States also may require that the test utilized is the least intrusive method available for determining drug and/or alcohol use, such as a urine test rather than a hair test. Hair drug tests generally are the best way to show long-term drug use. This means that drug testing can be conducted on the very same day that the temporary motion is issued. How do investigators prove that a parent has been using illegal drugs? There may be accusations flying around and a lot of disagreements in a case of this nature, so you should make sure your rights are legally protected and that a professional is fighting your corner.
The Types of Drug Testing. In some jurisdictions, courts are willing to order drug testing in many different cases. A test that examines the person's nails. This modification may allow for unsupervised or extended visits. If they complete the program successfully, the court may order a follow-up drug test two or three months later. Parties in a family law case have a right to file a motion for drug testing. Depending on the court, the drug test may analyze urine, blood, or hair. Drugs can become an issue when they get abused or misused. 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. The answer is you file a motion for drug testing through a request for order. Contact the Child Custody Lawyers at Crystal Wright Law To Get Legal Assistance Today. Because there is no presumption in favor of ordering a drug test.
If your child's other parent fails a court-ordered drug test, the court may grant you sole custody of your child. In addition, statements from eyewitnesses, text messages, voice messages, social media posts, and photographs indicating drug use can be used as evidence to convince a judge. A positive drug test is not necessarily a final blow. You should not delay filing it if a child is potentially in danger due to the parent who has the drug addiction issue. If the drug abuse is severe, the addicted parent must have minimal time to report for testing (typically 4 hours or less). 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. 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. Sometimes, an addict may be functional enough to avoid records of their drug abuse. Blood tests are more accurate than the others and can be used to test for much longer amounts of time. If you have no reason to believe the other parent is using drugs, requesting a drug test could backfire. Exhibits are not mandatory to support a motion for drug testing. For example, a parent who tests positive for recent use of hard drugs may be penalized more severely than a parent who tests positive for alcohol use.
In many cases, you can purchase any number of items from a local store and be prepared to provide them when it's time for you to comply with the judge's order for drug testing. · FINGERNAIL SCRAPES/OTHER NAIL TESTING. Call our office at 859-258-2697 for a FREE consultation with a custody attorney about your case.
What happens to the custody determination in case of failing a drug test? Judges do not order drug tests just because one parent accuses the other parent of drug use. How To Get A Drug Test Ordered. Drug testing is the process of performing laboratory tests to detect and measure the presence of illicit drugs and sometimes medication in a person's body.
If a parent has received treatment and remained sober for a long period, then they may request to have their child custody order modified. Drug use is usually a major component in child custody proceedings. Is there a reason why a parent shouldn't request a drug test? You can also visit our law firm at 368 W Pike St STE 201, Lawrenceville, GA 30046. If both parents are residing in the same address during the custody hearing, the court may decide to test both parents for drug-taking. This form of testing can detect drug use for up to 3 months and alcohol use for 30 days. Generally speaking, when a party refuses to take a court-ordered drug test, they should expect to receive severe legal consequences. This is not a motion that should be filed in a whim. First, the parent who fails may be ordered to take drug or alcohol treatment classes, as well as general parenting classes. Also, the parent might have individuals around the child who also use drugs. If you want your former partner to take a drug test, you should be prepared to submit to a drug test as well. Passing the drug tests might be mandatory to continue supervised visitation. Alcohol, however, can be detected for up to 80 hours. While alcohol itself has a relatively short detection window of only a few hours, specific alcohol biomarkers or byproducts remain in the body for several hours or days.
If you test positive for drugs, there may be serious consequences, including: * Losing custody or visitation rights. The court does not generally order drug tests in custody cases. After a positive drug test, custody will likely be removed from one or both parents depending on the situation.
The Testing Procedure. A court may refuse to grant custody outright or may choose to require supervised visitations for an individual accused of drug or alcohol abuse. If you believe that your spouse is abusing drugs or alcohol, you can have your attorney file a motion asking the court to order a drug test. Finding an individual attorney who has experience handling drug testing cases is also a good starting point. Know the Law: Family Courts Protect the Best Interests of the Child. If substance abuse issues arise during custody or divorce proceedings, it's essential to act quickly to protect your rights and those of your children. Once the response is filed, the court will schedule a hearing and decide whether to grant or deny the drug test request. US Legal Forms eliminates the lost time millions of American people spend exploring the internet for perfect tax and legal forms.
The child's best interest is the highest priority. The court may also require the accusing party to take a drug test as well. Drug and Alcohol testing is continually advancing, so it's important to remain educated on the types of tests available, as well as their advantages and disadvantages. However, the judge could also order hair follicle or nail clipping tests which can detect drug use over a longer period of time.
No parent wants their child to be placed into the hands of a drug-addled parent, which is why it is imperative to protect your rights to seek drug testing. If they have reason to suspect that one parent is creating an unsafe environment for the children because of their drug or alcohol habits, the court is likely to limit their custody rights. Under Texas child custody laws, courts must consider the various factors comprising the "best interests of the child" standard, used nationwide to help ensure a court upholds the child's best interests during the custody process. While you are technically permitted to move (ask) the Court to order the parent undergo drug testing to eliminate cause for concern, it is wise to have more proof than mere speculation. Opiates, or foreign drugs (i. e., methamphetamines). This is especially common when either parent has a criminal arrest record for substance abuse issues, or when each parent accuses the other of drug or alcohol-related neglect or abuse.
Completing these requirements may prove to the court that the parent is serious about creating a positive environment for their child. Sometimes a judge orders that both parents take a drug test. If you find yourself seeking a drug test out of animosity for your spouse and not your child's best interest, it is unlikely to yield a good result and might be a waste of time and money. The court can make these classes mandatory as part of the visitation order. Alternatively, drug testing may occur as part of an organizational wellness program. Demanding a Drug Test. Are you concerned about sending your child to the other parent because of suspected drug abuse? However, the courts are not interested in severing all ties between the child and the parents to keep some access rights. 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.
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