Summary
The parent who requested can also be in trouble if the court finds hidden motives behind the accusation. Hence, think twice before requesting a drug test. In a nutshell, a drug test can only be allowed during child custody if there is enough proof. Moreover, a drug test alone cannot decide the ultimate decision regarding the child.
Child custody is one of the most sensitive cases that the court has to face. A lot of emotions and sentiments are involved, and since this concerns the child or children, parents tend to be extra vulnerable and may make irrational statements or choices. This also includes couples accusing each other of wrongdoings that may or may not be true. One of these accusations is also drug abuse. The parent may petition the court to take a drug test for child custody, but the court can only do so if the accused parent has a history of illegal use of drugs. Since there is a high risk of leaving the custody of the child with someone who uses drugs, the court will consider this, however, there needs to be proof to support the statement.
Some Of The Documents That The Court Allows As Evidence For The Usage Of Drugs Are:
• The previous record of using illegal drugs related to a crime.
• Any social media post that displays hints of substance abuse.
• Witness to testify against the accused parent.
• Any medical or rehabilitation record showing proof that they were involved in drugs.
If any of these prove that the accusation is not false, then the court will allow a drug test to be conducted. However, both parents will be tested. This is because the main priority of the court is to make sure the child or children are in safe hands with a secure future ahead of them. One of the ways this test is conducted is a hair follicle drug test for child custody in Texas. This way the court shows impartiality to the case while keeping the best interest in mind for the child.
If the test comes out positive for the accused, even then the court does not make the final decision. This is because there are multiple factors based on which the verdict is passed. Since the child is the main concern, they will not rule out the accused parent immediately. Moreover, if the child feels safer with the accused parent, that can raise a lot of controversies. Therefore the court takes time to decide.
A good attorney will be able to help child custody to run smoothly since they will have more experience in handling the case. Moreover, they will be able to make a more rational decision than the parents. Moreover, if the accused parent turns out to have a negative result, then that can put the other parent in trouble over custody.
If you are contemplating legal separation or divorce from your spouse, consider hiring an appropriate divorce attorney.
To a large degree, this affects the children.
If both the partners have decided to obtain a divorce without getting into a legal battle, then it is known as uncontested.
Otherwise, if the partners need to deal with children's custody and assets issues, they need to hire a divorce attorney for settlement.
This kind of divorce is known as contested.Role of Divorce AttorneysThe primary role of attorneys is to represent their clients and negotiate on their behalf in the court.
These attorneys ensure that all the issues related to the divorce are handled properly.
