Drug testing and the custody of your child

Law Offices of Stephanie L. Mahdavi A Professional Law Corporation Child Custody

Custody battles can be intense and some parents may feel tempted to use drugs or alcohol in order to cope with these adverse circumstances. Don’t do it. It may hurt your custody rights more than you would think. Whether you or your ex-spouse is addicted to narcotics, it is best to leave drugs out of it. It can only complicate things further. With the legal advice of a Thousand Oaks child custody attorney you will know what to do in such scenarios.

Your custody battle

Remember that courts seek to protect your child’s interests. They want to make sure the child is safe and the right parent is assigned to make important decisions in the child’s life. If there is evidence of illegal drug use, chances are courts will not trust that parent to make good personal decisions or decisions about what’s best for the child. It means that the parent has an illicit lifestyle and a stable home environment to raise a child. However, drug use is not the only thing courts consider when making child custody decisions. They will determine who gets the children based on other factors as well, including the relationship of the parent with the child and the presence of abusive behavior.

Drug test

In California, the court can order a urine drug testing in child custody cases to help determine whether or not the parent has been on narcotics. However, the party can object with the help of a Thousand Oaks child custody attorney. Courts will also consider the parent’s habitual or consistent use of these illegal substances. If you suspect your ex has been using these substances, you need to submit a declaration together with other witnesses and list the reasons why you suspect your former spouse is using illegal drugs or alcohol. After the court reads the declaration, the parent under investigation undergoes testing. Sometimes the court orders both parties to undergo testing, even in cases where only one parent requests the test.

What about when the parent tests positive

Once a parent has tested positive, the right to a hearing to fight these charges is generally denied. If the test was performed by a licensed facility, the court will consider the results when making important child custody decisions. Remember courts like to protect the child’s interests and keep them safe from harm. The court may limit the custody temporarily or on a long-term basis.

How to deal with allegations of drug or alcohol abuse

If you have a child custody case that involves false allegations of substance abuse, it is best you hire an experienced family law attorney that understands how the law can work in your favor. Your attorney will conduct a throughout investigation and gather substantial evidence to prove your innocence and how your former spouse was taking advantage of these shady circumstances. Drug and alcohol cases are very sensitive and it may take a while before you reach the desired end.

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