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Learn How Drug Testing Can Impact Custody Cases

Learn How Drug Testing Can Impact Custody Cases

Last updated on October 2nd, 2020 at 10:01 am

Child custody cases are often messy and difficult for all parties involved. The main concern is of course the safety of the child, and the court is always going to rule in their favor. If they feel you are the better guardian, they’ll grant you custody after learning all the details. But drug use is taken very seriously by the court, and a positive test can hurt your chances of gaining custody. Here is what you need to know»

What To Do If You’re Accused?
If you and an ex-partner are having custody disputes, one area they might attack is your drug history. This person likely knows you better than anyone and they know where you have been and the things you have done. If you’re wrongfully accused of being a drug abuser, a judge might refuse their request for you to participate in a screening. But if the judge does see reasonable suspicion, he/she can order you to take a urine, hair or blood exam.

How to Make an Accusation?
If you feel you deserve custody or specific visitation rights, you’ll need to justify to a court that it is in the best interest of the child. One way to do this would be to prove that an ex-partner is involved with drugs and alcohol. The court would rule in your favor if it was true because they feel that is endangerment. But making a false claim about drug abuse could ruin your credibility in the eyes of the court.

What Does a Positive Test Result In?
A positive test is going to hurt your claim to custody or certain visitation rights. Your spouse would likely gain custody and for the time being, your visitation rights would be limited. The court would then set up a program for you to submit test results to the court to prove your rehabilitation. Once a judge is comfortable with your drug-free status, he/she can than adjust your visitation rights.

Hair vs Urine Testing
If you’re accused of drug abuse but you’re clean, you really have nothing to worry about. Some people are concerned of a possible mistake a few months back that might yield a positive hair result, but a negative urine result. You can discuss these matters with your lawyer and have them try to reason with the judge to have a urine test rather than a hair test. A court will likely be more lenient if there is no reasonable suspicion or history of drug use.

If you are in need of reliable child custody drug testing, National Drug Screening is here for you. We can perform same day testing and have your results back to you without delay. We know you have bigger concerns on your mind!

To order a test, call National Drug Screening at 866-843-4545 or click around on our website!