A parent in a child custody battle can file a motion to force the other parent to submit to a drug test. A judge may also decide to independently order a drug test for you and/or the other parent seeking custody. Typically the judge will order a drug test, or grant a motion for one, if he or she believes that one or both of the parties seeking custody is abusing drugs.
Not passing a drug test during in a child custody dispute can be extremely damaging. Drug abuse may be evidence to find that you are not fit to have custody. Judges are almost always leery of granting custody to a parent who uses illegal drugs. In cases where a parent fails a drug test, a judge can deny them custody or order supervised visits and/or regular drug testing. Specifically, a parenting plan might indicate that drug test before any scheduled visit by the children. A failed test may result in a lost visit. Additionally, you can agree, or the court may order, that a certain number of failed tests will result in loss of custody or visitation rights.
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. Drug tests can most often be conducted through:
- Hair follicles
It is important to have these tests taken quickly after they are granted. A drug test should also be taken at a reputable facility where the results are admissible in court.
In some cases, the loss of custody or visitation rights due to drug use can be modified. Based on the facts, some judges are sometimes willing to modify parenting plans when parents can show that they have changed and are now fit to have custody or visitation rights. 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.
To read more on this topic, you can read our article titled: How Doing Drugs Can Sink Your Custody Case.
Contact Our Child Custody (and Drug Test) Lawyers
Courts make custody and visitation decisions based on what is best for the children. If drug testing is an issue in your child custody matter, Stange Law Firm, PC can help you to ensure that your children and your parental rights are protected. Our law firm is prepared to assist you with a wide variety of domestic relations matters.
If you have questions about setting up drug tests in family court, please contact us online or by phone to arrange a consultation with one of our experienced attorneys. We serve clients throughout Missouri and Illinois in the Midwest in cities such as St. Louis, Kansas City, Columbia, Springfield, and beyond.