Certain testing methods may be ordered by the court because they provide certain advantages, such as detecting substances for a longer period of time after use. The court may also require "independent corroboration" of drug and alcohol use. Download your sample in a required format to complete, create a hard copy, and sign the document. What if the need for the drug testing motion is an emergency? The judge's response will let you know if your motion for drug testing has been accepted, denied or if it needs to be amended before the court can take it. It is used in the workplace to identify recreational or performance-enhancing drugs users, which may be grounds for termination. A failed drug or alcohol test will not automatically prohibit a parent from ever seeing their child again. Depending on the court, the drug test may analyze urine, blood, or hair. A judge who grants one request will usually allow the opposite party's request for drug testing as well. One issue that parents should be aware of that may come into play during their case is the issue of consumption of alcohol and other drugs. However, requesting a drug test can be risky.
Blood Drug Testing: A needle is inserted into a person's vein to test the blood for drugs and alcohol. Head hair test: Drugs may be detected in a head hair test for up to three months. A sample of a person's hair. These tests may analyze urine, blood or hair, depending on the judge's preference and the court's standards. Judges always weigh the child's best interest in every custody decision. The method of service depends on where the case is at that time. If a person is suspected of using drugs, they may be asked to submit to drug testing as an extra step before being allowed to leave the premises. If the drug habit is deemed to be serious, the parent must go through drug rehabilitation or treatment before they are allowed access to their child by the courts. Can a Parent Petition to Remove Child Custody Restrictions. Working with a Houston family law lawyer at Lindamood & Robinson, P. C. will put you at ease and help you get through this difficult process so you can begin your new life. According to the National Survey of Drug Use and Health, more than 24 million Americans are addicted to alcohol, illicit drugs, or both. If the parent passes the test at that point, it may prove to the court that the parent is working to create a better environment for their child, which the court will view positively. This means you can be fined, jailed, or both. However, hair follicle testing can pick up drug use from as far back as 90 days.
The third step is to have your attorney send the motion for drug testing to the proper court in your jurisdiction. Legal custody is the right to make decisions for the child. Drug tests can be expensive, and the court might require you to cover the cost of the test. Trusted Advice and Representation for New Jersey Child Custody Matters. In Texas, evidence that a parent may be engaging in criminal activity and actively using drugs is a major factor that will work against that parent in winning visitation and custody with a minor child, and will undoubtedly prompt the court to approve an opposing party's request for urine or hair follicle testing. If you believe your child's other parent is using drugs, you can request a drug test in your child custody case. Does the other parent get to respond to the motion for drug testing? Due to the rate at which the body metabolizes alcohol, alcohol testing has historically been especially problematic. Same-day testing is done to guarantee that the person is not tampering with or lying about their drug usage or test results. 002 generally governs the factors that make up the best interests of a child. In addition, the type of drug that appears in the drug test results will also have consequences on what rights the parent retains and how much time they may be permitted to spend with their child.
If the judge grants the drug test motion, you should comply with the order and submit to the drug test. At The Castro Firm, Inc. we take the safety of your children seriously, and will help you make sure that they are living in a safe environment. However, a past drug history could negatively impact a parent's chance of receiving custody. Instead, a family law court is generally focused on protecting the best interests of children. Your lawyer can order a re-test, show the judge that you are not a habitual user, and fight for child custody on your behalf. The second step is to create a motion for drug testing that outlines your case (the facts and what you want) and clearly states why you need drug testing. While the court cannot take a child away based on an accusation, they can if there is substantial evidence of drug use and if the party's home is not fit for a child due to drugs. If they complete the program successfully, the court may order a follow-up drug test two or three months later.
The court will not just take the word of the accuser, they will ask for proof. Contact the Child Custody Lawyers at Crystal Wright Law To Get Legal Assistance Today. Once you receive the paperwork with the hearing date, you must serve the other parent with your motion. If they feel a parent who tested positive cannot responsibly care for their child, they may be granted supervised visitation with the ability to petition for more custody if they stop using drugs. The court will not always grant a request for drug and alcohol testing. A parent who tested positive for using hard drugs such as 6-MAM will be judged differently than a parent who tested positive for only a small amount of alcohol. Physical evidence of a history of drug use. Urine Testing - A urine test is the most common form of drug testing.
A failed drug test does not guarantee that you will lose custody of your child, however. The method of test used to screen for illicit drug use, prescription drug abuse, or alcohol abuse will be are commonly conducted by urine, hair, or blood. Because drug or alcohol abuse allegations are taken so seriously, it is often not enough to tell the court that your ex-spouse or significant other has abused these substances a drug test and show that you can care for a child. First, the parent who fails may be ordered to take drug or alcohol treatment classes, as well as general parenting classes. The court may order that the failed party have little to no contact with the kid and that any contact be monitored. Regardless of which side you are on in this dispute, it is essential to seek legal advice from an experienced New Jersey child custody lawyer. Finding an individual attorney who has experience handling drug testing cases is also a good starting point. When a drug-testing issue becomes part of the dispute though, things can get even more complicated. In child custody cases, the most critical factor that a judge will consider is the health, living conditions, the physical safety and well-being of a child. This might seem like a useful tactic in certain cases, but it's actually not enough to accuse the other parent of taking drugs in order to alter proceedings. For this reason, blood tests have been preferred, but they are very invasive.
If a parent fails a drug test, it will have serious ramifications for their child custody or child visitation case. Sometimes, both parents function at about the same level on parenting issues. Depending on what the drug test results show, the court may take a variety of actions.
Mere suspicion of a parent's drug use is not enough to impact a custody decision on its own. Ordering a Drug Test. In some cases, allegations of drug abuse are enough to convince the court; in others, the court may ask for evidence supporting the allegations, such as text messages, social media posts, or pictures indicating drug or alcohol abuse. The simple fact is that parents who have serious drug issues may not be able to care for and supervise children on their own. Other people who live in the home of a parent who is suspected of substance abuse would only be required to undergo testing if they were to willingly subject themselves to the jurisdiction of the court and agree to be bound by court orders. A small amount is expelled through a person's breath and sweat. The court might not decide straight away to limit that parent's rights simply because of a failed test. Unfortunately, you may need to protect your child from their other parent.
Blood Testing: Finally, a family court may also order blood testing. Sometimes the courts may inquire whether there is a family member who could supervise the child's visits. Stability of the home that the child would be residing in. This test is often the most invasive in how many examinations it requires to complete the analysis. However, the court's decision depends on several factors, such as the type and amount of drugs found in the person's system and duration of drug use.
When possible, courts generally consult the child about which parent they feel most comfortable with and with whom they wish to live. To prevent forgery or manipulation of the results, the test results should be sent directly to the requesting party's attorney and not pass through the hands of the subject. This allows you to focus on moving forward to a better future rather than on trying to figure out how the overly complex court system works. Because there is no presumption in favor of ordering a drug test.
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