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How To File A Motion For Drug Testing

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The nature and extent of the testing will depend on the severity of the abuse. Our team at Varghese Summersett Family Law Group has the knowledge and experience necessary to help guide you through this anxious time and fight for what's best for you and your child. The judge could test one or both parents. The other parent rarely admits to ongoing drug abuse, so you should be prepared for a contested hearing. Continue reading to learn about when drug tests may factor into a child custody matter, and contact a seasoned Englewood child custody attorney for help with a New Jersey family law matter. Occasionally, accusations of drug abuse or alcohol abuse are enough for a judge to order a drug test without further proof. If there is a reason to believe that one or both partners may have a drug or alcohol abuse issue, the court can require drug testing for use in the initial custody decision and as a condition of continued compliance with child custody cases. What Happens if a Parent Fails the Drug Test? Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule an appointment. You should not delay filing it if a child is potentially in danger due to the parent who has the drug addiction issue. If you are on the fence about requesting a drug test, consult your attorney first.

Motion For Drug Testing Family Court Example

The detection window for drugs varies depending on the kind of drug, the quantity of drug used, and the frequency of usage: - Body hair test: Some drugs may be detected in a body hair test for 7 to 12 months. Family law judges are used to the mud-slinging that happens often with divorce cases and child custody battles. Begin now, and don't forget to look at your samples with accredited lawyers! Other testing methods, like hair testing, can show illicit drug or alcohol use over the past several months. Contact us today at 817-900-3220 to schedule a consultation. Therefore, the judge may postpone the child custody hearing for several months to determine if the parent can overcome their drug problem. However, the judge could also order hair follicle or nail clipping tests which can detect drug use over a longer period of time. You should only request a drug test during a custody hearing if you are worried about your child being brought up in an unsafe environment. For the parent on the other end of a motion for drug testing, it is important to respond right away with reasons why drug testing is not necessary and there is no compelling reason for requiring a hair follicle or urine test. Drug testing in family court may be ordered if one parent believes — or knows — that their former partner is using drugs.

How To File A Motion For Drug Testing Service

It's essential to follow the instructions provided with your drug testing kit to ensure that you pass your test on time. For example, if one parent is a frequent drug user while the other is not, the court might award custody to the parent who provides the safest environment for their kid. The court will look at many factors when making a decision about child custody, including the severity of the drug problem, whether you have sought treatment, the stability of your home life, and the best interests of the child. First and foremost, family courts often order mutual testing when they grant such a motion. However, a failed drug or alcohol test that shows active use or continuing to fail follow up drug or alcohol tests will likely lead to a decision in favor of the other parent. The parent may also be required to submit to another test after a predetermined amount of time to see if they are sober. However, courts are not keen on severing all ties between child and parents. Once the motion is filed, both parents will have a chance to argue their case during a hearing to determine whether a drug test is necessary. Once filed, the courts will schedule a hearing. Active drug use is of extreme relevance with regard to child custody and visitation. Do I Need a Lawyer for Help With a Divorce? WHAT IS THE PROCESS TO FILE A MOTION FOR DRUG TESTING?

How To File A Motion For Drug Testing Georgia

On the other hand, certain substances can be detected in hair follicle testing for up to 90 days, however alcohol is difficult to detect in a hair follicle sample. The choice of test may depend on substance and suspected frequency of use. During a divorce or custody case, a party can file a motion for temporary orders that include substance abuse testing if they have a good faith basis for believing that the other party has a substance abuse problem. The second is if the court finds on its own that a drug test is relevant to the eventual child custody determination. Ordering a Drug Test. If a parent fails a court-ordered drug test, the court has a few options, and their course of action may vary depending on the circumstances of the matter and the substance in question. Your attorney will not only be able to help you with the laws affecting child custody, but they can also defend you against accusations of drug use or improper drug testing procedures. The drug tests could be random or at specific intervals. You'll need to be involved in any court hearings or mediation sessions that involve your custody dispute if you want to protect your rights as much as possible. This is to ensure that the individual is not tampering or lying about their drug use and test results. If you suspect that your child's other parent is using drugs, your attorney may file a motion requesting drug tests. US Drug Test Centers helps individuals throughout the United States with drug testing in child custody cases.

How To File A Motion For Drug Testing Without A Lawyer

The parent's criminal record showing one or more arrests for drug-related offenses. Some tests, such as urinalysis tests, only show recent drug or alcohol use. If you are headed for divorce and believe your spouse has a substance abuse problem, it is crucial to address this concern before it endangers your children. If you're in a custody case and need legal representation for drug-related issues, the Law Office of Nicholas T. Exarhakis can help. Here is how you file a motion in family court to get drug testing orders. Some examples of the types of drug tests a court may request in a child custody case include: - A urine sample that tests for various drugs (i. e., a panel); - A tube of saliva or spit; - A sample of a person's hair; and/or.

Specifically, a parenting plan might indicate that drug test before any scheduled visit by the children. A family court may even decide that they are not equipped to interact with the child without supervision. Filing a Motion to Request a Drug Test. If so, contact our experienced family law firm for help. Stability of the home that the child would be residing in. Divorce and family law matters are difficult to navigate alone.