May 24, 2020

Requesting a Drug Test in a California Child Custody Case

Divorce is a difficult and emotional time for everyone—especially when children are involved. Family court adheres to the belief that children should spend time with both parents unless there is evidence that proves that contact with one or both of the parents would be harmful for the child.

When you are seeking custody of your children and you believe that the other party has been abusing drugs, you may be wondering how to get that party to submit to drug testing. Requesting a drug test in a California child custody case is an option, but you will need to have evidence that a drug problem exists. Continue reading to learn more.

What Types of Evidence Can Be Used to Prove a Drug Problem?

It’s not unusual for spouses who are divorcing to accuse one another of poor behavior, and sometimes the accusations prove false. Sometimes one spouse will accuse the other of drug abuse in the hopes of gaining full custody of the children. That’s why the court requires that evidence that demonstrates an ongoing drug problem.

The following are some types of evidence that can be used to prove that your drug concerns are valid:

  • Prior history of criminal drug or alcohol abuse behavior
  • Documented history of drug or alcohol abuse
  • Witness testimony that describes the drug abuse of the party in question as being habitual or excessive
  • Testimony of a social worker, medical professional, behavioral health professional, probation officer, or parole officer
  • Medical records that demonstrate drug or alcohol issues

Get in Touch with a Child Custody Lawyer

Requesting a drug test in a California child custody case is permissible so long as you have evidence to back up your claims. Reach out to The Law Office of Laurence J. Brock to discuss your child custody case and goals. Call 909-466-7661 or fill out and send in the online form below.

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