Requesting a drug test in a child custody case

One of the many issues that often surrounds a divorce case is that of child custody. It is not unusual to see couples battle child custody over a number of reasonable and baseless reasons. As daunting as the process may however seem, one of the aspects that should never be taken with levity in a child custody case is that of drug use. Frequent and uncontrolled use of drug and consumption of alcohol can pose a serious risk to the safety and normalcy of the family.

Time and time again, spouses and parents may be under the influence of drugs and in the moment, choose to abuse or neglect their kids. While married, it is possible to have some control over these potentially serious instances, when separated on the other hand and without the custody of a child, you may have limited control and reach of the situation.

As professionals in family law practice in Winter park, one of the most important factors yet is to take the best interest of the child into consideration. While most courts have established interest in ensuring that the children in a divorce case maintains a healthy relationship with both parents, most judicial systems and courthouses will waste no time in revoking visitation or custodial rights that have been awarded to any of the parent if sufficient evidence can be presented to keep a child out of harm’s way.

If you happen to have had a spouse with some form of drug and alcohol dependency, and suspect that this will negatively affect their ability to cater for your kids or expose them to certain vices that may corrupt their morals, you can request a drug test in the child custody case.

Should you decide to proceed, you should speak to your family law practice attorneys in Winter park on how best to continue. Before you continue it is imperative to know that the court may require some things from you. Some of the things that are likely to happen include:

1. You may be required to pay for the drug test

A drug test can be expensive depending on how and where it is being done. Before proceeding to ask the court to ask your ex to take a drug test, you should be careful and certain that they are under or have recently been under the influence of some drugs or alcohol.

2. You may be asked to take a drug test too

This is a very logical step. A court may require you to take a test to ascertain your ability to properly mentor the children and tend to their needs should your ex test positively. This is necessary to ensure that the child’s best interest is kept at heart and that the child is not simply being exposed to the same condition that they have just been taken away from.

On a final note, on no account should a drug issue be raised to spite your ex or maliciously try to revoke custodial rights. The use of deliberate wrongful information is frowned upon under the law and may be grounds for punishment.