Proving your ex should not have child custody because of drugs

On Behalf of | Aug 8, 2022 | Blog, Custody And Visitation |

When parents split, the question of custody is paramount. Divorce courts spend much time focusing on the needs of children.

Naturally, juveniles should live around mothers and fathers without addictions. Evidence of a substance abuse problem could impact a custody or visitation ruling. If your former partner has an illegal habit, confirming it should work in your favor.

Evidence showing substance abuse

If you accuse your former partner of harboring an addiction, the judge will want to request a drug test. That said, your word alone is not enough to trigger an order. You need some other form of proof to back up your claim.

Documents from official parties should be adequate. Collect medical, social welfare and police reports containing incriminating language. Another option is having a third party testify to the accuracy of your assertions.

Tests proving substance abuse

Judges may only order urine tests. According to the law, ones requiring hair follicles are too intrusive. In general, positive results mean a clampdown on visitation privileges. Still, you need more than just a drug test. There must be evidence of chronic abuse. Examples include DUI and drug possession charges.

Results of proving substance abuse

Should all go according to plan, chronic drug abuse will be evident. A judge may order mandatory rehabilitation, parenting classes or therapy. Often, custodial rights get reinstated after the completion of these terms.

Children ought to live with parents that are free of substance abuse concerns. Showing a former partner dabbles in mind-altering narcotics directly impacts custodianship decision-making. For loving parents, jumping through these hurdles is forever worthwhile.

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