What Happens If A Parent Fails A Drug Test In A Custody Case?

Sometimes court orders are structured such that a failed drug test will result in automatic professional supervision or cessation of that parent’s parent time with the child until the matter is addressed more fully in court. Other times, court orders are structured such that a failed drug test only constitutes evidence that can be used at a further hearing. Ultimately, the events that will follow a failed drug test will depend on the court’s orders.

Can We Refute The Results And Ask For Retesting?

If one is refuting a positive drug test result that party would generally voluntarily retest on their own without a court order. The reason for this is because of how quickly substances are metabolized and the length of time it may take to get a court order to retest. That said, arguing the first test was a false positive would likely require an expert to explain to the court why the original test was erroneous. Oftentimes, these experts are supervisors or managers of drug testing labs.

How Can A Negative Or Positive Result Of A Court-Ordered Drug And Alcohol Test Affect My Custody Case?

A positive result of a court-ordered drug and alcohol test may result in supervised parent time or contact with the child, while a negative result may result in the lifting of supervision of parent time or contact with the child. Regardless of whether a test result is negative or positive, simply having a result may shorten the length of the case by eliminating the guesswork of not knowing whether substance abuse is an issue.

What Are The Most Common Types Of Drug And Alcohol Tests?

A non-exhaustive list of the types of drug and alcohol tests includes: substance abuse evaluations, computerized assessment tools, breathalyzer tests (some of which can be installed in one’s vehicle so as to prevent the vehicle from starting without the driver first providing a breath sample), and tests using a sample of sweat from the subject. Drug tests might involve testing a sample of the subject’s hair, urine, or blood. Other ways of testing or finding information about substance abuse risk are set forth below.

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