The Role of Drug Testing in Child Custody Cases
Maybe you had a slip-up, or maybe you’re just struggling. No matter the reason, when the court mandates a drug test, you may find yourself sweating. Frantic thoughts might race through your head, particularly, “Will I lose custody if I fail a drug test?”
The courts make decisions like this on a case-by-case basis. Failing a drug test doesn’t mean that you’ll automatically lose custody, but depending on factors like your living situation, whether you have a job, and how willing you are to get help can also play a role.
This guide from South Shores Detox will break down these factors and answer some pressing questions about family court, substance abuse, and custody.
What Is Considered in a Custody Battle in California?
Whether you’re battling with your child’s other parent for custody or trying to avoid your child being taken by the state, the goal of a custody dispute is not to punish parents. Custody decisions are made to protect the child in the situation.
Whether or not you’ve failed a drug test, the courts will consider past drug or alcohol use. They’ll consider things like employment, if you can financially care for and feed your child, and whether or not they are safe at home. Above all, the goal is that your child’s well-being is protected.
The Role of Family Court in Custody Decisions
Family court is the legal process that makes definitive decisions about whether you’ll maintain custody. It can help parents reach a custody agreement regarding joint custody or order supervised visitation as you make necessary changes. One or both parents’ substance use might be brought into question.
Always, the role of family court is to do what is best for the child. If he or she is removed from the home, you may be able to do supervised visits until you meet certain requirements. The situation will be revisited periodically, during which time you’ll have a chance to regain custody if you’ve done what the court has asked. Often, this includes seeking treatment for drug or alcohol abuse.
What to Expect During Custody Proceedings
It can be nerve-wracking to lay it all on the line in front of the courts. The reality is that many people do not want to admit to their mistakes. When you are open and honest about substance abuse, even when it’s not easy, it shows that you’re willing to take a hard look at these negative patterns in your life. It’s the first step in breaking free from those patterns.
Sometimes, the other parent might raise concerns about illicit substance use, whether true or false accusations. During custody proceedings, you’ll have a chance to make your case.
Bring any documentation you have that supports your case, whether or not you have a child custody attorney, and be prepared to answer the court’s questions. If substance use is an issue, the court might require drug or alcohol testing.
Do California Family Courts Consider Joint Custody?
The state of California is not in the business of breaking families apart. Whenever possible, joint custody is considered for parents battling over custody. This gives both parents a chance to play an active role in their child’s life. Other times, one parent might be awarded primary custody, while the other gets supervised visitation until they get their life back on track.
Custody decisions passed down by family court must be followed. Often, a “parenting agreement” is reached, where the court gives certain guidelines. This might include things like who the child lives with during the school year, where they spend time on the weekend, and which days they’ll visit with the secondary parent.
These arrangements can be revisited as the parents’ substance use is addressed. In the ideal situation, both parents can eventually be positive and active role models in their child’s life. This usually happens through substance abuse treatment, regular drug testing, and taking parenting classes.
What Happens If I Fail a Court-Ordered Drug Test?
The consequences of what happens following a failed drug test change depending on the details of your situation. Factors like the drugs involved, existing custody arrangements, and your employment and living situation all play a role. The judge may also be willing to overlook past drug use if you are actively treating substance abuse issues.
Can I Lose Custody If I Fail a Drug Test?
Failing a drug test can make you panic, wondering if you’ll lose rights. This is especially true if you’re active in recovery, but just had a small slip-up. Remember that the failure of a drug test is just one factor considered in child custody cases.
If you can show proof of being active in recovery, the court is more likely to work with you and support you as you take steps toward becoming a better parent for your child.
The courts won’t typically terminate parental rights immediately following a failed drug test, especially if you are able to provide a safe and stable environment for your child. However, after failing multiple tests, refusing to seek help, or making dangerous decisions, it’s likely that the other parent, a family member, or the state will assume custody until you can make positive changes in your life.
Will I Lose Custody If I Test Positive for Alcohol?
Drug testing in child custody cases is common practice, but you may be wondering about whether you’ll be tested for alcohol. It is possible to face child custody issues if you test positive for alcohol.
This is most common in cases where alcohol is your substance of choice, or if you’ve made decisions that have put your child in danger (such as driving while drunk or not picking them up from school) while intoxicated.
What Can I Do if I Have a False Positive Test?
You can challenge drug and alcohol testing results, though blood tests and hair follicle tests are usually processed in a lab and have a minimal chance of error. Minimal does not mean that a false positive is impossible, though.
If you have a false positive on a urine test, different testing methods might be used. It can also be helpful to seek legal representation, if possible. They’ll be able to guide you through this process.
Can I Regain Custody If I Get Substance Abuse Treatment?
It is possible for a parent to regain legal custody rights after seeking addiction treatment. However, this is a process that takes time. You won’t regain custody right after leaving rehab.
The court is going to want to see you sticking to sobriety. You’ll have time to secure a job and have stable housing, often being able to visit your child (supervised or unsupervised), depending on the situation.
What Other Requirements Might the Court Have?
Family court has one goal: to ensure that your child is returning to a home where they are properly cared for. Outside of a stable living environment, where you are able to give them your full attention, you’ll need to provide food and utilities.
It’s not uncommon for the courts to require drug testing and monitor drug test results on an ongoing basis. Attending parenting classes and having a job are other common requirements in child custody cases.
Find Support to Heal from Addiction (and as a Family) at South Shores
Remember that the courts care about your child’s safety the most. It can be hard to take an honest look at the serious consequences of alcohol or drug addiction, but substance use can lead you to hurt the people that you love the most. Your child is not exempt from this.
If you are looking for help following a positive drug test, contact South Shores Detox today. Our accredited programs and judgment-free environment have helped reunite countless families, especially when parents like yourself are willing to put in the work.
We also communicate closely with the courts, ensuring they stay informed as you take steps toward bettering yourself, not just for you, but also for your child.