If a parent is involved in a custody case in North Carolina and fails a drug test, it is not likely that the court will sever all of the ties they have with their child. Whenever it is possible, a court will prefer to keep a family together.
The court, however, may reduce the parental rights of the parent who failed a drug test. For example, the court may reduce their custody rights and only give them visitation.
Depending on the situation surrounding the parent’s drug use, they may be able to regain some of the rights that were taken away. They may also be able to modify their custody agreement at a future time after they agree to a drug treatment plan and agree to undergo regular drug testing.
When both parents are deemed unfit to raise the child due to their regular drug use, a court can take the parent’s custody rights away and award them temporarily to a third party. Typically, there are two common situations in which a court may order drug testing for a parent in a custody case.
The first of these is when one parent requests that the other parent be drug tested, and the court deems it appropriate. When this occurs, the court will likely drug test both parents.
The second reason could be if the court deems that drug testing is important for the child custody decision in North Carolina. Every child custody decision that is made in court will follow the child’s best interest standard.
Using this standard, the court reviews multiple factors, such as the financial stability of the parents and the child’s age. It is important to consult with a local attorney in North Carolina for more information on how drug testing may affect a North Carolina custody order.
What Are Reasons That the Court May Order Drug Testing?
Court-ordered drug testing may be ordered for other reasons in addition to the ones noted above if there is evidence of drug use, for example:
- Witness testimony
- Recent drug-related convictions
- Prior drug habits
When one parent accuses the other of drug use, a court may order testing because it cannot simply take the word of the other parent as proof. The court is concerned about the child having a safe residence where they are properly cared for.
Even though a court cannot remove a child from a home based solely on drug use accusations, it may do so if there is substantial evidence that drugs were being used and their home is not fit for the child to live in.
Parents should note that even using legal drugs may cause them to lose custody of their children if they are abusing the legal drugs and their child has easy access to it.
Can the Court Drug Test Without Warning?
A parent can be drug tested without warning when they go to court. This can allow a court to make sure that the parties did not tamper with test results and that the parent is being truthful about their drug use.
Drug tests are evidence that can be used to determine whether putting a child in the care of a specific parent is in the child’s best interests. If a parent habitually uses drugs and the other parent does not, a court will most likely award custody to the parent who will be able to provide the child with the safest environment.
A drug test can be administered in different ways during a custody case, such as:
- A tube of saliva or spit
- A sample of the individual’s hair
- A urine sample
- A test that examines the individual’s nails
When a parent fails a court-ordered drug test, the court may deny them custody. Even if this happens, the parent will usually keep some visitation rights with their child.
If the parent refuses to take the court-ordered drug test in child custody instead of failing the test, they can face the loss of all of their parental rights. They may also face jail time for failing to follow a court order.
What Does a Custody Order Look Like When Drug Use Is Involved?
When there is a custody order in a case involving drug use, the court often includes a visitation schedule for the parent not awarded custody. A court will likely order supervised visitation until the parent is able to show that they are no longer abusing drugs.
When a parent has supervised visitation, a third party is present during the visits. Drug testing can also affect the rights that the parent retains and how much time they are allowed to spend with their children.
Visitation rights can also be impacted by the type of drug that appears on the drug test or that the parent is abusing. For example, cocaine use is serious and may result in reduced visitation rights.
A parent who repeatedly violates child endangerment laws or who has issues complying with home visitation checks can lose custody. If that parent continues to use the drugs, the court can revoke their custody rights and remove their child from the home.
If a parent violates child endangerment laws, they may have to submit to mandatory visits from Child Protective Services (CPS) or a state government agency. An agency may visit their home without notice and look for drugs and other issues.
Can I Request a Modification of the Court Order Based on My Sobriety?
If a parent has been sober for a period of time, they may be able to ask for a modification of their custody order. The parent will likely have to submit proof of their sobriety, such as a certificate for completing a drug treatment program.
In certain situations, the court may order an issue that automatically updates once the parent has been clean for a period of time. After the parent demonstrates their sobriety, they can regain some rights, for example, unsupervised or extended visits with their child.
If the custody order does not update automatically when the parent submits proof of their sobriety, a lawyer can request that the court modify the custody order. The parent will likely need to go to a hearing to present proof of their sobriety in court.
Should I Hire a Lawyer for Help With Drug Testing and Child Custody Issues?
If you have any questions about your child cursory case in North Carolina, it is important to consult with a North Carolina child custody lawyer. Having an attorney will ensure that your visitation and custody rights are protected and you are defended against any unfounded accusations of drug use.
If you failed a drug test in your custody case, your attorney will help you form a plan to get back your custody, visitation, or parental rights. With LegalMatch, you will be able to find a child custody lawyer near you at no cost who will fight for your parental rights.
Just submit your concern on the LegalMatch website, and you will receive lawyer matches near you who will begin working to resolve your custody issue as well as help you get back to seeing your child. If you are a parent with concerns about your child’s other parent’s drug use, your attorney will help you present those concerns to the court.
