Substance abuse is a reality for many Americans, and recent research has suggested that 1 in 8 children are exposed to or live around a relative who engages in regular substance abuse. Having drug use in the home places kids at a higher risk of anger/impulsivity issues, neglect, and more.
If the other parent or another relative is placing your child at risk due to substance abuse issues, this is something you need to address in your custody case. You can seek to have the court drug test relevant parties, which can lead to significant ramifications for the other parent as the courts took to protect your child from an unhealthy living arrangement.
Drug Use Goes Against the Best Interests of the Child
As we’ve previously covered, the family law courts always prioritize the well-being of a child above all when making any decisions. Any positive drug tests will play a major influence in their verdict, which can include limiting or outright stripping parental rights, awarding custody to the other parent, and more.
How to Back Up Your Request for a Drug Test in a Custody Case
With that said, it’s not as easy as formally making the request in court. People make false allegations all the time, and the family law courts require a little more than just your work to move forward with a drug test or other actions.
Some of the evidence that you can bring to your case to back up your claims include:
- Police reports, tickets, citations, and other documents relating to law enforcement
- Medical records and statements from social welfare agencies, rehab centers, etc.
- Court documents and reports
If the courts believe that drug use is a factor in your custody case, they’ll look to drug test everyone involved. This is why you’ll want to ensure you have clear records and strong evidence that the other parent is engaging in substance abuse.
Recruit the Help of a Family Law Attorney
If you’re worried about your child’s safety due to the other parent’s struggle with addiction or substance abuse, don’t delay in looking to remedy the situation. The family law system in CA is complex, so the best thing to get things started is to consult with a family law attorney.
At the Law Offices of James P. White, we can help you explore your options and determine the best course of action. We offer free initial consultations, so call us at 925-271-0999 at your earliest convenience and connect with our seasoned attorneys today.