Will I lose custody if I fail a drug test?

A positive drug test result may result in the Court reducing the parent’s time with a child and could order that any time spent with the child is supervised. These orders may be made on an interim basis, to continue up until the final Hearing, or until the party has produced a negative sample.

When can a judge order a drug test?

Aside from the primary reasons discussed above, a court may order drug testing when there is evidence of use, such as witness testimony, recent drug-related convictions, or prior drug habits. This is especially true when one of the parties accuses the other of being a drug user.

Can I make my ex take a drug test?

You cannot ask the court to submit your soon to be ex spouse to a drug screening just because you personally believe they may be on drugs. Rather, you have to try to provide at least some evidence to the court to back up this claim. A prior history with drugs is a great place to start.

Can I make my child’s father take a drug test?

The court will not demand drug and alcohol testing under normal circumstances. Generally, one of the parents must request it; however, the court will not grant the request unless the requesting parent can offer evidence of the other parent’s substance abuse problem.

What does drug testing mean in child custody case?

In general, drug testing is when an individual undergoes a particular medical exam that looks for the presence of drugs and illegal substances. A court may order a party to a child custody dispute to undergo drug testing. There are two main reasons as to why a court may order a party to be drug-tested.

Can a parent get custody if they use drugs?

But drug use alone may not entirely revoke custody. Even if a court finds that a parent uses drugs, they may be a strong connection and relationship with your child that the court does not want to end, as it also could negatively impact your child. The court will take steps to ensure your child is not exposed to drug use.

How does court ordered drug testing work in California?

The Role of Court Ordered Drug Testing in Child Custody Cases in California The court will not demand drug and alcohol testing under normal circumstances. Generally, one of the parents must request it; however, the court will not grant the request unless the requesting parent can offer evidence of the other parent’s substance abuse problem.

What happens if both parents fail a drug test?

If both parents are detrimental drug users and are deemed by the courts to be unfit parents, it may be the case that a third party is given temporary custody of the child (in many cases the grandparents or godparents) if it is in their best interests. Are there further legal repercussions for a positive drug test in a child custody case?