Drug Tests in Parenting Time and Child Custody Cases
In custody battles, courts focus mostly on the child’s safety and well-being. If there’s suspicion that a parent uses illegal drugs or abuses substances, drug tests play a big role in court decisions. Either parent can ask the court to drug test the other, and judges might order tests on their own if they think substance abuse could harm the child’s environment. This process helps ensure a safe place for the child and stops risky situations before they grow worse. Keep reading to uncover how these tests really shape custody outcomes and what surprises might pop up during the process.
Failing a drug test during a custody matter can be extremely damaging to a parent’s case. Drug abuse may serve as compelling evidence that a parent is not fit to have custody or unsupervised parenting time. For this reason, courts often approach these issues with great caution and diligence.
When and Why Courts Order Drug Testing
A judge may order drug testing when there are allegations—or credible concerns—that a parent is abusing drugs. Indicators that may lead to testing include:
Reports from the other parent
Evidence of unsafe behavior
Prior drug-related criminal charges
Erratic or unexplained conduct
Concerns raised by teachers, relatives, or medical professionals
Judges are almost always hesitant to grant custody to a parent actively using illegal drugs or misusing prescription medication. When substance abuse appears likely or is confirmed, courts may issue orders designed to protect the child.
These orders may include:
Temporary suspension of visitation
Mandatory participation in treatment programs
Ongoing, random, or scheduled drug testing
Restrictions within the parenting plan requiring a clean test before visitation
A parenting plan may specifically require a parent to take a drug test before each visit. A failed test may lead to a canceled visit, modification of the parenting plan, or additional restrictions.
If a pattern of failed tests emerges, the court may impose more serious consequences, including loss of custody or long-term supervised parenting time.
Types of Drug Tests Courts Commonly Use
Courts typically rely on reputable, court-admissible testing methods. Common forms include:
Hair follicle tests – Capable of detecting drug use over a longer period
Urinalysis – A widely used method that identifies recent drug use
Fingernail testing – Useful for detecting longer-term patterns of substance use
Prompt testing is essential. If a judge grants your motion or issues an order for drug testing, it is essential for the test to be conducted quickly at a reputable, certified facility. The court may reject results from unreliable or non-accredited labs.
Modifying Custody After Failed Drug Tests
A parent who loses custody or parenting time due to drug use may be able to request a modification in the future. Courts understand that people can change and often look favorably on parents who take meaningful steps toward rehabilitation and stability.
Evidence that may support modification includes:
Completion of alcohol or drug rehabilitation programs
Multiple consecutive clean drug tests
Long-term sobriety
Counseling or participation in support programs
Willingness to acknowledge past behavior and demonstrate accountability
Stable employment and secure housing
Judges may gradually restore parenting time or modify custody orders when parents demonstrate they are consistently making healthy choices and can provide a safe environment.
How Stange Law Firm, PC Can Help
If you are concerned that your co-parent is abusing drugs, we can help you file a motion requesting drug testing and argue for appropriate safeguards for your child. Likewise, if you have been ordered to submit to testing or face allegations of substance abuse, our attorneys can guide you through the legal process and help you present your case effectively.
Substance-related issues in custody matters are sensitive and require skilled legal representation. Stange Law Firm, PC is committed to protecting your parental rights and your child’s safety through every stage of your case.
To read more on this topic, you can read our article titled: How Doing Drugs Can Sink Your Custody Case.
Contact Our Drug Test Lawyers to Schedule a Consultation
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,
If you have questions about setting up drug tests in family court, please get in touch with us online or by phone at 855-805-0595 to arrange a consultation with one of our attorneys.
