In child custody cases in Washington, 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 physical 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 an impairment exists before the court would take away any parental rights. Substance abuse and mental disability are the most common issues that arise during child custody proceedings. A local attorney in Washington would be able to provide more information about how the issue of substance abuse might affect a child custody case.
What Are Reasons That the Court May Order Drug Testing?
According to state law, courts must apply the child’s best interests standard in all child custody decisions in Washington. In some cases, the issue of child custody and visitation arises from a Washington 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 as part of any child custody and visitation plan in order to protect the child. There might be a court-ordered drug test 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 voluntarily 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 will consider this when determining a parenting plan and put safeguards in place to protect the child. These safeguards may consist of an agreement by the parent with the issue of not consuming certain substances. Or they may agree to submit to random drug testing or supervised visitation.
Can the Court Do Drug Testing 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 their child. It may lead a court to award custody to the other parent and to limit the visitation of the non-custodial parent. 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 Washington have refused to modify a child custody and visitation plan in cases in which the parent has overcome a substance abuse issue, e.g., alcohol abuse, even when the parent had made other steps in their life to improve their financial situation and stability. The courts have stated that a parent must show a “substantial and material change in circumstances” in order to justify a change in custody.
However, in other cases, courts have ruled that in a situation in which a parent has recovered from a prior substance abuse or mental health problem only without doing more, that qualifies as a “substantial and material change” if there are other related changes, the person may qualify for a modification.
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.
It appears that sobriety alone may not be sufficient to justify a modification of an existing custody and visitation plan in Washington. A person might have to show more, e.g., 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?
If you are involved in a child custody dispute where the substance abuse of either parent may be raised as an issue, you want to consult an experienced Washington child custody lawyer.
LegalMatch.com can quickly connect you to a lawyer who is familiar with Washington 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.
