Although it may seem obvious if you fail a drug test in a custody case in Georgia, that can have serious consequences. When making child custody decisions in Georgia, the court will always utilize the child’s best interests standard.
In other words, the court will always prioritize the child’s safety and well-being above all else. As such, a failed drug test can lead to the parent who failed the drug test:
- Being granted only supervised visitation or otherwise having their visitation time limited
- In severe cases, the parent could lose custody of their child or children
- Being ordered to undergo mandatory drug treatment programs and having to demonstrate completion before being granted visitation or custody
Georgia family law courts’ primary concern in ordering drug tests and having consequences for failing such tests is always to ensure the best interests of the child. As such, any evidence of substance abuse will always be taken very seriously by the court.
Generally speaking, drug testing is when an individual undergoes a particular medical exam that looks for the presence of drugs and illegal substances. It should be noted that these drug tests are often conducted in the presence of a medical professional or at a certified testing facility to ensure accuracy and proper handling of the samples. This helps maintain the integrity of the test and ensures that the results are reliable and legally defensible.
There are typically two main reasons as to why a court may order a party to be drug-tested. The first is when the other party to the case requests drug testing and the court decides it is appropriate given the circumstances. The second is if the court by their own merit determines that it is important to the final child custody decision.
Common examples of the types of drug tests that a court may request a party to undergo in a child custody case include:
- A urine sample that tests for various drugs (i.e., a panel)
- A saliva test where a tube of saliva or spit is collected
- A hair test where a sample of a person’s hair is collected
- A nail test which examines a person’s nails
It should be noted that all of the above are medical exams. However, a person can still be “surprise” drug-tested on the same day as their child custody hearing and while at the court. Surprise drug tests would also be done in the presence of a medical professional at the courthouse. Surprise court-ordered drug tests in child custody matters are often used to ensure that the individual is not tampering or lying about their drug use and test results.
What Are Reasons That the Court May Order Drug Testing?
Aside from the two reasons mentioned above, a court may also order drug testing when there is evidence of substance abuse, such as witness testimony, recent drug-related convictions, or prior drug habits.
Further, a court may order testing when one of the parties accuses the other of being a drug user. However, the court will not just take the word of the accuser, they will ask for evidence or proof of substance abuse. The court may also require that both parties take the drug test, in order to ensure fairness and also ensure that neither party is abusing drugs.
The court’s main concern is always that the child that is the subject of the custody case is cared for and placed in a safe environment. Although the court cannot take a child away based on an accusation, if there is substantial evidence of drug use and the abuser’s home is not fit for a child due to drug use, then they may remove the child.
It is important to note that even legal drugs can lead to a parent losing custody if the parent is abusing such prescriptions. Further, if there is evidence that the child has easy access to the legal drugs, that may also be used to demonstrate that their home is unfit for a child. This will only be one factor that the court will consider when making their final custody decision.
Can the Court Drug Test Without Warning?
Yes, a person can be drug-tested without warning on the same day as their child custody hearing, or at any preliminary hearing to a custody case. In Georgia, the family court handling the custody case can order drug testing without prior warning if there is sufficient evidence to suggest that drug use might be affecting the child’s well-being.
This means that if a judge believes drug use is an issue, they can mandate a drug test for either or both parties involved without prior notification or warning. Both parties will then be mandated to take the test.
Refusing a court-ordered drug test in a custody hearing in Georgia can lead to serious consequences. The court may view the refusal as non-compliance, which could negatively impact the refusing party’s custody case. It could also result in limited visitation rights, loss of custody, or mandatory participation in substance abuse programs.
Importantly, a local attorney in Georgia will be familiar with the most up-to-date state and federal laws regarding drug testing, as well as the laws regarding medicinal and recreational drug use. They will then be able to guide their client in order to ensure that they are being treated fairly and in accordance with the laws of the state.
What Does a Custody Order Look Like When Drug Use Is Involved?
A court-ordered child custody order will provide instructions regarding the parents’ custody arrangements. The order will also state which parent has full custody, whether or not the custody is joint or sole, and any other special arrangements that the parents must follow.
When a custody order is part of a dispute that involves drug use, then the court will commonly include a visitation schedule for the non-custodial parent. Further, until the parent that was demonstrated to abuse drugs can prove that they have stopped abusing such drugs, the court will most likely order supervised visitation.
Supervised visitation means that a court-ordered representative will be present during the child’s visit with that parent. That parent will also typically have to take mandatory and even surprise drug tests for a period of time to demonstrate they are not taking drugs.
If that evidence concludes that they have not taken drugs, then the custody order may shift them to having no supervised visitation or increase their custody. However, in cases where the person is repeatedly failing drug tests or is abusing drugs like heroin or cocaine, that parent can have their parental rights significantly reduced or even terminated.
All in all, there will typically be a shifting custody schedule that will grant the party that was previously found to use drugs the ability to rehabilitate themselves and gain more visitation and custodial rights.
Can I Request a Modification of the Court Order Based on My Sobriety?
Yes, you can request a modification of a previous child custody court order based on your sobriety in Georgia. In order to request a modification, you’ll need to file a motion to modify the custody order and demonstrate that there has been a material change in circumstances that positively impacts the child’s well-being.
Your sobriety and any related improvements in your lifestyle can be considered as evidence of a material change in circumstances. It’s important to demonstrate to the court that issued the original order that the modification is in the best interests of the child.
Should I Hire a Lawyer for Help With Drug Testing and Child Custody Issues?
If you are experiencing issues related to drug testing and child custody, it is advised that you immediately consult with an experienced Georgia child custody lawyer. LegalMatch can assist you with setting up a legal consultation with an experienced attorney in your area.
A lawyer will be able to advise you as to what your best course of legal action is when it comes to protecting your parental rights and navigating court-ordered drug testing. Further, they will also be best suited to helping you adhere to Georgia’s specific laws and guidelines regarding child custody and drug testing.
An attorney can also ensure your child’s best interests are being protected while also ensuring that your parental rights are protected throughout any custody battle. They can also assist you in seeking a modification if you previously had your custodial rights reduced based on drug use. Finally, a child custody lawyer will also be able to represent you in court, as needed.
