Puja Sachdev | October 8, 2024 | Child Custody
Child custody cases have the potential to be dramatic. Though unlikely, there is the potential for drug tests to be used to prove a parent is unfit for custody. There is an argument to be made that a parent who uses alcohol or drugs is unfit to take care of his or her child.
A San Diego child custody attorney can help you understand whether drug or alcohol use can disqualify you or your spouse from gaining full or shared custody of your children.
The Role of Drug Tests in Child Custody
If one spouse considers the other to be a substance abuser, he or she might request that that parent be subjected to a drug test before child custody is determined. A parent who consumes alcohol or drugs might ultimately be deemed unfit to have child custody. The overarching aim of drug tests in child custody cases is to keep the kids safe.
In general, family court judges do not require one or both parents to be subjected to alcohol or drug tests. If such tests are conducted, they are typically performed at the request of one parent. However, there is no guarantee the court will grant the request unless there is proof of the spouse’s substance abuse. A judge may order a drug test if:
- There is evidence of past drug abuse
- A parent has made a request that the other parent be tested
- There are concerns about parental fitness
- A local authority initiates court proceedings due to concerns about a child’s welfare
If it is proven the spouse has a history of alcohol or drug use, the burden of proof is met with a preponderance of evidence. It is at that point that the details of child custody orders are shaped or amended.
Keep in mind, even if you already have a marital settlement agreement in place after a divorce, there is the potential for that agreement’s terms to be amended. If the judge deems one parent to be unfit, the agreement’s language pertaining to child custody and visitation rights will be amended accordingly.
How the Court Weighs Alcohol and Drug Testing Results
The judge might order a drug or alcohol test, albeit in a method that isn’t intrusive. In most cases, a urine sample is taken. However, there is the possibility of a hair follicle test as such an analysis extends back longer than that of a urine sample.
If the alcohol or drug test yields a positive result, it does not guarantee a negative outcome in determining child custody. It is possible for a parent who tests positive on a drug or alcohol test to still obtain child custody.
The challenge lies in proving your spouse used or uses alcohol and/or drugs to a degree that makes him or her unfit for parenting. It’s important to note that even if you present proof to the court, opposing counsel will have an opportunity to refute it. The family court judge’s analysis of the evidence is the deciding factor in determining child custody moving forward.
Evidence takes the form of alcohol receipts from the store, drug convictions, DWI tickets, and witness testimony. Documenting evidence on the aforementioned declaration typically includes testimony from family members, neighbors, friends, and other relevant parties who’ve witnessed the spouse’s drug or alcohol use.
The Logic of Using a Drug or Alcohol Test
The primary purpose of child custody cases in family law conflicts is to act in the child’s interest. The child’s future is at stake. However, a parent is unlikely to be subjected to such testing if he or she does not have a documented history of using alcohol and/or drugs.
The court might also mandate that alcohol and/or drug use be independently corroborated. Such corroboration includes documented reports from organizations that provide services related to substance abuse, welfare, the law, etc.
If you are concerned about your spouse’s substance abuse and official documentation is inaccessible, don’t panic. It is possible to file a declaration with the court pertaining to your concern about his or her substance abuse and child custody.
Contact A San Diego Child Support Lawyer
If you have questions about custody matters, call San Diego Divorce Lawyers, APC, for a complimentary case evaluation with a San Diego child custody attorney. We handle all types of custody cases. Our lawyers will help protect your parental rights and your child’s best interests.
Contact a local family lawyer at (619) 724-4160, explain your circumstances, and try to schedule an initial consultation with the lawyer as soon as possible.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756