In child custody cases in Pennsylvania, courts presume that the best interests of a child are served when the child maintains close relationships with both parents. There would be an exception if evidence shows that a relationship with one or both parents would be harmful to the child.
Cases in which evidence suggests that a parent’s substance use or mental issues may have a significant negative effect on a minor child would lead a court to seek more evidence to make sure that there is an issue before the court would take away any parental rights. Substance abuse is one of the most common issues that arise during child custody proceedings. A local attorney in Pennsylvania would be able to provide more information.
In Pennsylvania, if a judge has a reason to think that a parent involved in a custody case has used illegal drugs, they may order the person to take a drug test. If the person fails the test and it shows drug use, the test results may well affect the outcome of the custody case.
What Are Reasons for Which a Court May Order Drug Testing?
According to state law, courts must apply the child’s best interests standard in all child custody decisions in Pennsylvania. In some cases, the issue of child custody and visitation arises from a Pennsylvania divorce. Or it may arise in a proceeding for a legal separation.
A court may issue a child custody plan order at the end of a paternity suit when the father of a child who is not married to the child’s mother seeks custody or visitation. Or a mother who is not married to her child’s father may ask a court to order the father to pay child support, and the father may seek custody or visitation.
The law is the same in all cases, and one of the specific factors a court must consider is whether the parents show that they have the ability and the desire to keep their child’s environment free of substance abuse.
If one parent raises the issue of the other parent’s substance abuse, a court would seek other evidence to prove the abuse. If the court were to determine that one parent has a substance abuse issue, they would then order safeguards to protect the child as part of any child custody and visitation plan. There might be a court-ordered drug testing as part of a child custody order in such a case.
Acceptable evidence of substance abuse would be the testimony of the parents themselves or of third-party witnesses who have personally observed the substance abuse. Law enforcement reports and a criminal record of illegal conduct involving substance abuse, e.g., drunk driving convictions, would also be helpful to a court.
On the other hand, if the parent denies that they have a substance abuse problem, they may agree to be tested on their own accord in order to prove their sobriety. Or, they might complete a rehabilitation program.
However, if the court finds evidence that the parent does have a substance abuse issue, they would consider this when determining a parenting plan. A court might put safeguards in place to protect the child. These safeguards may consist of an agreement by the parent with the substance issue not to consume certain substances. Or they may agree to submit to random drug testing or supervised visitation.
Can the Court Drug Test Without Warning?
Again, as noted above, if a court wants a parent to submit to testing as part of a hearing about whether substance abuse is an issue, the court might ask the parent to submit to a drug test voluntarily. So, the parent would have notice of the fact that they are going to be tested.
On the other hand, if the court determines that a parent has a substance abuse problem, then they might include random drug testing in a final order regarding child custody and visitation. Of course, random testing would mean testing without advance notice.
What Does a Custody Order Look Like When Drug Use Is Involved?
Again, a court’s main concern when deciding on custody and visitation is the safety and well-being of the child. So, if a parent has a history of substance abuse, a court is going to be concerned about the child’s physical safety and emotional well-being. Courts assign priority to making a child’s environment stable and secure. If substance abuse threatens that goal, then the visitation rights of the parent with the abuse issue may be restricted or supervised.
A court might order the parent with the abuse issue to complete a rehabilitation program. Or the court may require the parent to agree to stop using any substance or to submit to random drug testing.
In cases in which the abuse is severe, a court might even not allow visitation if there is no other way to protect the child.
Again, as noted above, the goal in every child custody case is to come up with a plan that serves the best interest of the child. Therefore, the court may order a parent suspected of substance abuse to submit to testing or evaluations.
A pattern of substance abuse or repeated relapses into abuse after rehabilitation may raise concerns about a parent’s ability to maintain a stable and drug-free environment for the child. It may lead a court to award custody to the other parent and limit the non-custodial parent’s visitation. Visitation might have to be supervised in some cases.
Can I Request a Modification of the Court Order Based on My Sobriety?
A person may request a modification of an existing court order based on the fact that they have achieved sobriety and overcome a substance abuse issue. Whether modification would be granted could be a complex issue that depends on the unique facts of a person’s situation.
Courts in Pennsylvania would need to submit a petition to the court and explain how they want their custody and visitation plan to change and why. The court would want to know how the proposed changes would be in the best interests of a person’s child or children. This is going to be the main concern of the court.
Pennsylvania law requires substantial changes to justify changes to custody and visitation. So, a person would have to make a compelling case.
For example, if the person were to be able to present evidence showing that they had developed a better ability to parent, an improved parental relationship with the child, and a lowered risk of harm to the child’s physical and mental well-being and development, a court might allow a modification.
A person might have to show more than that they have achieved sobriety. They might want to show that there have already been improvements in their relationship with their child and an improved lifestyle in order to win a modification. A person would want to talk to a lawyer about modification.
Should I Hire a Lawyer for Help with Drug Testing and Child Custody Issues?
You could be involved in a child custody dispute where the substance abuse of either parent may be raised as an issue. In this case, you want to consult an experienced Pennsylvania child custody lawyer.
LegalMatch.com can quickly connect you to a lawyer who is familiar with Pennsylvania law concerning child custody and substance abuse. Your lawyer will be able to analyze the unique facts of your situation and provide guidance as to how you might get the custody and visitation plan that you prefer.
