If a parent fails a drug test during their custody case in New York, the court is not likely to sever all ties between them and their child. When possible, courts will prefer to keep families together.
If a parent does fail a drug test, however, the court may order a reduction in their parental rights, for example, from custody to visitation. Depending on the situation, the court may allow the parent to regain some of those rights or modify the custody arrangement in the future if they participate in regular drug testing and have a treatment plan.
These types of cases may be more difficult if both of the child’s parents are deemed unfit to have custody or raise their child. When both parents are considered unfit to have custody due to regular drug use, the court may take away their custody rights and give them to a third party temporarily.
There are two reasons that a court will usually order a parent in a custody case to be drug tested. First, if a parent requests it to be done, and the court deems it appropriate.
The second reason is when a court finds that drug testing is important for the final child custody decisions in New York. A court will make decisions in custody cases using the child’s best interest standard.
With this standard, a court will examine many different factors, which may include the age of the child and the financial stability of the parents before they award or take away custody from a parent. It is important to consult with a local attorney in New York to find out more about how drug testing can affect a custody order in New York.
What Are Reasons That the Court May Order Drug Testing?
In addition to the factors discussed above, a court may order drug testing when evidence of drug use is presented, which may include:
- Prior drug habits
- Witness testimony
- Recent drug-related convictions
This may also apply in a case where one parent accuses the other of using drugs. Typically, a court cannot simply accept the word of an accuser as fact and will seek proof.
A court may also have the party who makes the accusation take a drug test. The court’s main concern will be that the child is cared for in a safe environment.
Even though courts cannot take children away based on these types of accusations, they may be able to do so if there is substantial evidence of drug use and if the home is not fit for the child due to that drug use. Parents should be aware that legal drug use may also result in custody loss if the parent is abusing the legal drug and the child can easily access the medication.
Can the Court Drug Test Without Warning?
Even though drug testing is classified as a medical exam, a parent may be tested without advance notice on the day of the custody hearing. This will help make sure that the individual is telling the truth about their drug use and that they did not tamper with the test results.
A drug test is a type of evidence that may be used to show whether putting a child with a certain parent will be in their best interests. If a parent is a habitual drug user and the other parent is not, a court is likely to award custody to the parent who will give the child the safest environment.
There are different ways drug tests can be administered in child custody cases, including:
- A sample of the individual’s hair
- A test that examines the individual’s nails
- A urine sample
- A tube of saliva or spit
If a parent fails their drug test, the court may deny them custody. Courts, however, usually do not favor severing the relationship, as noted above, and will allow them to retain some visitation rights.
On the other hand, if the parent refuses to take a court-ordered drug test in child custody instead of simply failing the test, they can lose all of their parental rights. In addition, the parent who refuses to submit to drug testing may face jail time.
However, if a child services agency requests the test, the parent can refuse to take it if the court allows it.
What Does a Custody Order Look Like When Drug Use Is Involved?
If a child custody order is provided in a case involving drug use, the court is likely to include a visitation schedule for the noncustodial parent. Until the parent demonstrates that they no longer abuse drugs, the court will likely order supervised visitation.
With supervised visitation, a third party is present during the child’s visits with the noncustodial parent. It is also important to be aware that the type of drug used may affect what rights the parent will retain and how much time they can spend with their child.
The drug the parent is using or shows up in their test results can affect what rights they have to visitation with their child. For example, cocaine use will typically be considered more serious than marijuana use.
A parent who repeatedly violates the laws governing child endangerment or if they have issues with their home visitation checks, they may lose custody. If a parent continues to engage in the conduct, the court can revoke their custody rights and remove the child from the home.
If a parent violates child endangerment laws, they may be subjected to mandatory visits from child protective services or a state government agency. This means that they may visit without advance notice and inspect it for drugs and harmful items.
Can I Request a Modification of the Court Order Based on My Sobriety?
When a parent has been sober for a period of time, they may be able to ask for a modification of their custody order. The court may require that parent to give proof, such as providing a certificate for completing a drug treatment program.
Some orders may provide that the order will be updated automatically after the parent is clean for a period of time, giving them 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 concerns about drug testing and child custody issues in New York, it is important to consult with a New York child custody lawyer. Your lawyer will protect your custody rights and defend you against improper accusations of drug use.
If you have already failed your drug test, your attorney will help you regain your rights or develop a plan to submit to the court to regain your parental rights. LegalMatch is a free and easy way to find a child custody lawyer near you who can help you regain custody rights.
You can submit your question or concern on the LegalMatch website at no cost. You will be matched with attorneys in your area who are ready to begin working on your child custody issue and helping you regain rights over your child.
