Drug Testing In Child Custody Cases
Custody battles can be contentious, especially between parents going through a divorce. It’s common for parents to bring up the worst about each other during custody to try to get the best custody agreement for them.
If you have a history of drug use or are currently using drugs, it’s possible this could be brought up in an attempt for you to get less custody. Having drug use brought up during your custody battle could hurt your custody case, especially if you’re not prepared to defend it.
On the other side of the relationship, if you never used drugs but your child’s parent did, you may want to keep custody to a minimum if your co-parent has a history of drug use, is currently using drugs, or you suspect that drug use may happen again in the future. Knowing how to approach drug use during custody proceedings to protect your child may also be something you’re considering.
Contact Campbell Law today to learn more about how we may be able to help you with your custody case, especially if drug use has been involved in the past.
Drug Use and Child Custody
Child custody focuses on the children's best interests. The court decides custody agreements based on what they think best fits them, which usually involves trying to maintain some level of relationship with both parents.
When determining custody arrangements, the court will look at and consider your behavior at all times. Looking into parent behavior helps the courts determine parents' ability to care for their children.
Drug use or a history of drug use can impact your ability to take care of your children. If there is drug use by a parent who has custody, it can raise concerns of negligence or child endangerment if the children are left solely in the care of that parent.
Parental drug use is also a concern because of the impact it can have on a child’s entire life. Frequent drug use in front of children can also be harmful to their academic, social, and family functioning.
Court-Ordered Drug Testing In Child Custody Cases
If a parent has a history of substance abuse or activity related to criminal drug use, the court may require drug testing before the parent can be granted custody. Until the parent in question is able to provide a clean drug test, all custody and visitation rights, even supervised visitation, can be limited or taken away completely.
Depending on the individual’s specific circumstances and history with drugs, the court may require successfully completed rehab before unsupervised visitation can be granted or reinstated.
A lot of parents worry about how going to rehab may look during their custody battle. It’s a common misconception that choosing to go to rehab or having court-mandated rehab will cause you to lose custody. Going to rehab could have a positive impact on your custody case. It shows the courts that you’re committed to getting better and can help prove that you’re capable of raising your children.
Multiple Failed Drug Tests
After multiple failed drug tests, it’s possible that a parent could lose all custody rights. Visitation is usually the first right to be taken away, but a parent using drugs could also potentially lose legal custody rights. Losing legal custody is a major step because it takes away all parental rights to make decisions about their children’s lives.
Depending on the extent of the drug use and its impact, there could be a risk of all parental rights being terminated.
Terminating parental rights is the severing of all parental rights. In order to have parental rights revoked, there must be substantial proof that the children are endangered by the parent. Once parental rights are taken away, the parent no longer has any legal say in decisions regarding their children.
Contact a Child Custody Attorney
Having a history of drug use during a child custody battle can be difficult to manage. It’s important to present yourself and the facts accurately but in the best way possible to help your custody case.
In any custody dispute, working with an attorney can help make it easier and less stressful for you. This is especially important if drugs are involved. Working with an experienced attorney can help you present yourself in the best possible light.
Contact us today to schedule a consultation to discuss your case and learn more about how we may be able to help you get the best custody agreement for you.
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