You’re sitting in a family courtroom for a child custody hearing, and your stomach is in knots as you recall the drug test you took just a few days earlier. A mistake could jeopardize your relationship with your child, and you wonder, “What if I lose child custody if I fail a drug test?”
The fear of an unfavorable outcome in child custody disputes is enough to keep any parent awake at night. If you’re facing this possibility, it’s essential to understand how the court approaches failed drug tests in custody battles.
How Does Drug Testing Work in Texas Child Custody Cases?
Drug or alcohol testing is typically ordered during child custody disputes when one party alleges or provides evidence that the other parent may be abusing substances and that it could endanger the child. A judge may also require testing based on criminal records or erratic behavior displayed by a parent.
Various types of drug and alcohol tests can be used in custody cases, including:
- Urine Tests: These are common and the least expensive drug tests. They detect drug use, usually within the past few days.
- Hair Follicle Tests: These can detect drug use over a more extended period (up to 90 days) and may be ordered if long-term use is suspected. A hair follicle test will detect use that a urinalysis won’
- Blood Tests: These are less common but are used when there is a need for more immediate and more detailed results regarding current intoxication or drug levels.
- Breathalyzer Tests: These tests are used primarily for alcohol testing and can detect alcohol use within the past 24 hours.
The court might order ongoing or random drug and alcohol tests, especially when there’s a pattern of substance abuse. This helps ensure the parent stays sober during and after the custody case.
Consequences of a Failed Drug Test
Drug testing helps ensure that child custody decisions prioritize the safety and well-being of the child. Suppose a parent fails a drug or alcohol test. The court might limit the parent’s custody rights by restricting visitation or requiring supervised visits. They may also temporarily award custody to the other parent.
However, the court will also take into account the severity of the substance abuse, how it affects the child, and whether the parent is actively seeking treatment. If you suspect drug or alcohol abuse by your soon-to-be ex-spouse or if you have been accused of drug or alcohol abuse, you should seek the advice of a competent and caring family law attorney.
Your child’s safety and the ongoing relationship between you and your child might be at stake.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
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