Typically, a court will not completely sever all ties between a child and their parent if the parent fails a drug test in California. Courts prefer to keep families together when possible.
However, if a parent fails a drug test, a court may reduce their parental rights from custody to visitation if they fail a drug test. Depending on the parent’s situation, the court may allow them to get some of their rights back or modify custody in the future if they set up a treatment plan and agree to regular drug testing.
These cases become more difficult when both of the parents are deemed unfit to have custody of the child or to raise them. When both of the parties are deemed unfit to have custody because of their regular drug use, the court may take away their custody rights and temporarily award them to a third party.
There are two main reasons why a court may order a party in a custody case to be drug tested. The first reason is if one party requests it and the court thinks it is appropriate under the circumstances.
The second reason is when the court determines that drug testing is important for the final child custody decision in California. Courts make decisions in child custody disputes based on the child’s best interest standard.
Under this standard, courts will review a variety of factors, including the child’s age and the parent’s financial stability, prior to granting or taking away custody from one of the parents. For more information on how drug testing may affect a custody order in California, an individual should consult with a local attorney in California.
What Are Reasons That the Court May Order Drug Testing?
In addition to the reasons noted above, courts may order drug testing when there is evidence of drug use, such as:
- Witness testimony
- Recent drug-related convictions
- Prior drug habits
This also applies in cases where one of the parents accuses the other parent of being a drug user. A court will not simply take the word of the accuser, and they will ask for proof.
The court may also require the party making the accusations to take a drug test. The main concern of the court in these cases is that the child is placed in a safe environment and is cared for.
Although a court cannot take a child away based on this type of accusation, they can if there is substantial evidence of drug use and if the parent’s home is not fit for the child to be in because of drug use. It is important for parents to know that even legal drug use may lead to a loss of custody if a parent is abusing the drugs and the child has easy access to the medication.
Can the Court Drug Test Without Warning?
Although drug testing is considered to be a medical exam, an individual can be drug tested without warning on the same day as their custody hearing. This helps ensure that the individual is not lying about their drug use or tampering with test results.
Drug testing is a form of evidence that can be used to demonstrate whether placing a child with a certain parent will be in their best interests. If one of the parents is a habitual drug user but the other parent is not, the court will likely grant custody to the parent who will provide the safest environment for their child.
Examples of the types of drug tests a court can request in child custody cases may include:
- A urine sample
- A tube of saliva or spit
- A sample of the individual’s hair
- A test that examines the individual’s nails
If the individual fails the drug test, the court can deny them custody. However, courts typically do not favor this and will often allow the parent to retain some visitation rights.
In contrast, if the parent does not even take the test, as opposed to failing the test, they may lose all of their parental rights over the child. It can also result in jail time for the parent.
When an individual refuses to take a court-ordered drug test in child custody, they should expect to face severe legal consequences. This can also apply to other types of cases.
However, if a child services agency had requested the drug test, the parent may be able to refuse to take it if the court allows it.
What Does a Custody Order Look Like When Drug Use Is Involved?
Child custody orders provide instructions about the parent’s custody arrangements. The order will outline who has full custody, whether the custody is sole or joint, and other details.
If the order is part of a dispute involving drug use, the court will include a visitation schedule for the noncustodial parent. Until this parent can show that they have stopped abusing drugs and are able to provide a safe environment for their child, the court will likely order supervised visitation.
This means that a third party will have to be present during the child’s visits with that parent. The type of drug that shows up in the test results may also affect what rights the parent will retain and how much time they are allowed to spend with their child.
For example, individuals who use marijuana may simply be asked to refrain from using it around the child and keep it out of their reach. If, however, the parent uses drugs such as cocaine or heroin, their parental rights and time with their child may be significantly reduced.
Parents who repeatedly violate child endangerment laws or have issues with home visitation checks may lose custody of their child. If the parents continue to engage in harmful conduct, the court may take away custody and order the child to be removed from the home.
If a parent uses drugs in front of their child or creates a situation in which their child has easy access to drugs, it can result in jail time for the parent under child endangerment laws. Under these laws, it is a crime to endanger the well-being or life of a child because of the adult’s reckless conduct.
Violating child endangerment laws can also result in an individual being subjected to mandatory visits from a state government agency or child protective services. This means the agency will be able to go to the parent’s home without warning and conduct regular inspections for drugs or other harmful items.
Can I Request a Modification of the Court Order Based on My Sobriety?
When a parent has received treatment and has been sober for a period of time, they can request a modification of their child custody order. The court may require the parent to show proof of the changes, which may include submitting a certificate for completing a drug treatment program.
In certain cases, a court order may include modification conditions without a parent having to request it. For example, the order may include information on how long the parent must be clean and when they may be given back some rights, such as extended or unsupervised visits.
Should I Hire a Lawyer for Help with Drug Testing and Child Custody Issues?
If you have any issues, questions, or concerns about drug testing issues in your child custody case in California, you should reach out to a California child custody lawyer. Your lawyer will help ensure that your rights are protected throughout the custody process.
Your attorney can protect your rights associated with custody as well as defend you against any accusations of improper drug testing procedures or drug use. If you have already failed a drug test and want to retain your custody rights, your lawyer will help make a plan to submit to the court to regain your parental rights.
LegalMatch can help you find a child custody lawyer near you who can help with the drug-related issues in your case. It is free and easy to submit your question on the website and find a lawyer who can help.
