What happens if you fail a drug test in a custody case?
If you fail the drug test, it’s likely the judge won’t give you the same rights as a parent who tested negative for any of these substances.
This often includes severely limiting the amount of time you have with your child, often requiring supervision of some form in order to protect the child..
How do you prove drug abuse in a custody case?
Your evidence should show proof of wrongdoing. Medical reports, police reports, and photographs are compelling evidence. If you know or suspect your ex has been doing drugs, ask the court for drug testing. A failed drug test is a condemning piece of evidence.
Can a mother lose custody for drugs?
If one parent has a significant criminal history or there are signs of substance abuse, those issues can definitely play into a custody determination. A history of alcohol or drug abuse can significantly affect your custody agreement and influence the Court’s decision when granting access to your child.
Will I lose custody if I fail a drug test?
If a party fails a court ordered drug test, then the court may deny them custody of the child. However, courts are not keen on severing all ties between child and parents. Therefore, while the parent can be denied custody, they may still retain some visitation rights.
Does criminal record affect child custody?
Most Criminal Convictions Don’t Directly Affect Child Custody. Colorado custody law directs family court judges to allocate parental responsibility (including decision-making powers and time spent with the children) according to the best interests of the children.
Do you get drug tested for child custody?
Under California Family Code Section 3041.5, a judge “may” order drug testing of a parent (meaning the judge has the discretion whether or not to order it) in a custody, visitation, or guardianship hearing, but only when, “there is a judicial determination based upon a preponderance of evidence that there is the …