Parental drug use in a child custody case is no small issue. If a parent is having trouble with drug abuse and addiction, this can dramatically affect the outcome of your custody case. Evidence of this typically comes in the form of a drug test. An Orlando child custody lawyer can help you determine if and how a court might order a drug test.
Your Child’s Best Interests
We understand that you want what is best for your child, and that means keeping them safe from a parent actively engaging in drug use. According to Florida Statutes 61.13, Florida courts are also required to make decisions based on your child’s best interests, meaning they may order a drug test in your custody case if there is sufficient evidence of need.
Florida courts recognize that children benefit from maintaining a strong relationship with both parents. While it may still benefit your child to maintain supervised visits or phone calls with a parent suffering from addiction, it is often not in their best interest to allow 50/50 custody splits or unsupervised time.
Other Considerations
If the courts order a drug test on the other parent, they may also require you to submit to the same testing. If you have any concerns about your ability to pass a drug test, you may need to discuss this with your attorney to determine whether you should agree to undergo a drug test. However, in some circumstances, this may be necessary to ensure the safety of your children.
A positive drug screening can disrupt what may otherwise be reasonable proceedings. However, these results are often meant to contextualize the situation, rather than make a final determination.
Evidence to Support Your Request
While they may be critical to ensuring a child’s safety in certain situations, a court-ordered drug test is not to be taken lightly and therefore requires evidence. Common forms of supporting evidence include:
- Witness statements
- Confirmed history of substance use
- Medical records
- Affidavits from social workers
If you are concerned about your ex-spouse’s drug use or abuse, you can speak with an attorney to determine which evidence to collect and how to approach the issue with the courts. Frivolous accusations may harm your case, so credible evidence is important.
Drug Testing in Child Custody Cases
Drug tests in a child custody case can take several forms. Most commonly, these include testing for the drug or its metabolites in hair or urine samples. These tests commonly screen for the common recreational drugs, such as THC, Amphetamines, Methamphetamines, Opiates, Benzodiazepines, Cocaine, and others. Alcohol testing is often available as well if alcohol abuse is a concern.
Due to the way metabolites are stored in hair, hair tests can often show accurate results that date back three or more months. However, urine tests are generally only reliable up to several days following use, with the exception of THC, which can take longer to exit the body.
Co-parenting With Someone Who is a Drug User
It can be terrifying to feel powerless to protect your child from a potentially unsafe situation with their other parent. However, acting outside the custody order out of fear can harm your case in court. This fear may drive you to act in a way that violates the custody order and may work against you in court.
If you have immediate concerns for your child’s safety with the other parent, you can contact the police and your child custody lawyer, who may be able to help you obtain an emergency hearing.
Contact the Orlando Child Custody Law Firm of Conti Moore Law Divorce Lawyers, PLLC, for Help Today
For more information, contact our experienced Orlando divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC, by calling (407) 831-0203 to schedule a free consultation.
We serve all through Orange County and its surrounding areas. Visit our office at:
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
(407) 831-0203