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Related Article: How to Prepare for Your Child Custody & Visitation Consultation. In these cases, it is always best to hire a lawyer. They may lack the ability to make decisions in the best interest of their child. 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. Talk to your Lawrenceville child custody lawyer immediately. 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. 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 multiple reasons why drug testing may be ordered during a divorce, but the biggest reason is to ensure that the children receive the best care and supervision possible. Alternatively, it could be the case that Child Protective Services get involved to regularly meet with and evaluate the family to ensure a healthy environment for the child. A pass is any result that shows that one doesn't have a measurable amount of illegal drugs in their system. Drug Testing in Child Custody Cases: What You Need to Know [2022. 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. Courts often require a preponderance of the evidence to move forward with a drug test.
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. How to file a motion for drug testing in north carolina. If you submitted a declaration to the court about your spouse's drug or alcohol abuse, you must be sure to include every known incident of such behavior that you or others have personally witnessed. 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. Drug testing is performed to discover whether drugs are present in an individual's body.
Crystal Wright | June 28, 2022 | Divorce. Exhibits are not mandatory to support a motion for drug testing. If one spouse suspects or knows that the other spouse is taking drugs, there are two major reasons why they should be drug tested: - Proof of frequent drug usage: This would be very beneficial in securing a fault divorce. Courts have also begun to issue injunctions requiring a party not to use an unlawful controlled drug during a specified amount of time (for example, 72 hours) before custody or access to the kid starts. Then, your attorney can request the court to order drug testing in your case. Some of the above information may implicate privacy rights. Judges are almost always leery of granting custody to a parent who uses illegal drugs. In other cases, one parent might have to show the court evidence of drug abuse, like social media postings, photographs, or text messages. Filing a Motion to Request a Drug Test. How to file a motion for drug testing in nc. What happens if they fail a drug test? What should a custodial parent do if they are concerned about drug use by the non-custodial parent? If the spouse has a history of illegal drug use or alcohol-related criminal history, this constitutes a "preponderance of the evidence" and meets the burden of proof. Responding to Motion Seeking a Drug Test. In child custody cases, the most common drug test is a urine drug screen.
If you're in a custody case and need legal representation for drug-related issues, the Law Office of Nicholas T. Exarhakis can help. What Does Drug Testing Have to Do with Custody Disputes? Remember, the court must act in your child's best interest. The court will not always grant a request for drug and alcohol testing. Do you have to pay for court ordered drug testing. 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. A small amount is expelled through a person's breath and sweat. Drug Testing Can Be Performed In The Following Ways: - Saliva Drug Testing: Saliva drug testing is done using the oral swab test method. Generally speaking, a substance abuse test should occur, within a certain number of hours of the request, and a predetermined facility or group of facilities should conduct the test. When a child's custody is being disputed, one of the major things that the court must try to decipher is where the child is going to be best off going to, which parent has their best interests at heart, and who can offer them the safest and best quality of life.
They require relatively little evidence before requiring a test. 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. Drug Tests in Child Custody Cases. If a person fails a court-ordered drug test, the consequences will vary depending on the test results. At this hearing, the judge will listen to arguments from both parents, and will decide if drug testing is appropriate.
If you are concerned that your former spouse or partner's drug use is creating an unsafe environment for your child, you have the right to ask the court to order a drug test and consider the results when making custody decisions. It can be deemed that a parent with a drug habit is not fully capable of prioritising the well-being of their child. Step 2: Create your document. Your attorney will not only be able to help you with the laws affecting child custody, but they can also defend you against accusations of drug use or improper drug testing procedures. If you test positive for drugs, there may be serious consequences, including: * Losing custody or visitation rights. Requesting Drug Testing in a Custody Case. Drugs such as cocaine, amphetamine, opiate, and MMJ are monitored closely due to their prevalence and the damaging effects on the body's health.
The simple fact is that parents who have serious drug issues may not be able to care for and supervise children on their own. This is often ordered when there are concerns about the child's safety or what is in the best interests of the child. Call our office at 859-258-2697 for a FREE consultation with a custody attorney about your case. If a party fails a court ordered drug test, then the court may deny them custody of the child. However, they may reduce a person's parental rights from custody to visitation only if they fail a drug test. If you believe your child's other parent is using drugs, you can request a drug test in your child custody case. The judge may require the results from one type of test or several different types of tests. How long will it take for a judge to grant a motion for drug testing?
What is the level of accuracy 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. Child custody judgments are made using the best interests of the child criteria. Hair Testing - Hair tests provides an extended detection window for drugs of abuse and an increased level of difficulty to adulterate a sample. If the test is still positive for drugs and alcohol, that parent may have difficulty gaining custody or additional visitation rights with the child. A positive drug test is not necessarily a final blow. Another way to proceed is to inform the judge of any patterns of substance abuse. If you have been ordered to take a drug test or if drug testing is being considered in your child custody case, it is important to speak with an experienced family law attorney. 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. Completion of drug or alcohol rehabilitation programs, acknowledgment of past behavior, multiple passed drug tests, and other evidence of change behavior are all ways for individuals to show the court that they should be granted more custodial rights to their children. 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. Other tests, like a hair follicle test, can show drug use within the past several months.