The Court’s job is to ensure that children are protected. In some cases, it may be drug testing a parent. The drug testing happens because the Court has to make sure that a parent is able to properly care for their child, and the use of drugs may impact the ability to properly provide physical, emotional and developmental care for children.
What should you do if you suspect your co-parent is using drugs?
You can bring it up to the Court through Motion practice including seeking to have a parent tested. If you have documented proof which may include, but is not limited to, text messages, social media posts, photographs or videos, make them available to the Court.
If you request drug testing, it is typical that you pay for the drug testing. In most cases, the Court requires the testing to be completed before the end of business and the cost is approximately $125.00. There is a nominal fee for holding a sample, while the funds are gathered, but this should be a last resort. Be prepared to pay, if you make the request.
If the other parent is positive, the Court usually requires the drug testing costs to be reimbursed.
Be forewarned, the drug testing is reciprocal so that person making the request will also be tested. This isn’t mandatory, but does happen from time to time.
What should you do if you’re a parent using drugs?
Often times if allegations of drug use are brought before the Court, there are questions asked regarding drug use. The worst thing that can happen is to lie, and then be caught with a positive drug test. When this happens, the parent loses credibility with the Court and may negatively impact physical custody.
Take steps to get clean before testing and stay clean. Attorneys know what programs work, and what steps can be taken to minimize the impact drug use has on physical custody. Ask your attorney for assistance.
If the Court asks, be honest. Tell the Court what you’re doing to address the issue. It may mean restricted physical custody timeshare initially, but it isn’t case ending. The process to become sober and stay sober takes time.
The Court can monitor drug use through testing. When that happens, the Court is testing to ensure that the numbers are decreasing. There are also programs such as the PATCH which consistently monitor drug use. The program is divisive with both sides having differing opinions regarding validity. Make sure you understand the options before you agree to monitoring, including the costs.
The same thing goes for alcohol related issues. There are a couple alcohol monitoring programs that are used by the Court- Soberlink and SCRAM.
Check out our other blogs to learn more about monitoring options for alcohol.