Why You Should Request a Drug Test in Your Child Custody Case
A divorce is painful and shattering not just for the spouses but for everyone else in the family as well. But when it comes to the children, they suffer a lot and sometimes experience trauma and live a lonely childhood, though not by their own choice. It is because their parents have decided to part ways. The tug-of-war between parents for custody of a child invites a lot of tension and stress.
Being married keeps the children on the safer side, as if one parent is addicted to alcohol or drugs, the other one could still look after the family. However, if the parents are heading into a divorce, then it will be too risky and unjust to let the children live with a parent who is addicted to drugs or alcohol. That is why family attorneys in Oklahoma City, OK, often suggest filing for a drug test of your soon-to-be ex in case you feel it is important for your children’s sake.
In general, family courts guided by specific laws are more likely to award joint physical and legal custody to parents, as it is in the best interest of the child. If the custodial rights pose a threat to a child’s safety and well-being, then courts can proceed to withdraw the rights as well. A parent can be denied custodial rights of the child if he or she is proven to be dependent on or addicted to drugs or alcohol. Therefore, it is important to consider a parent’s habitual or continual use of intoxicants while deciding the child’s custody.
As the court awards sentences and makes decisions based on adequate evidence, it is quite important to establish that your spouse is addicted to intoxicants and therefore unfit to shoulder the responsibilities of taking care of children. To do this, you can use “preponderance of the evidence,” which means that something is more likely to be true than not. You can provide the case with suitable proof and witnesses. The points listed below sufficiently affirm drug or alcohol dependency in people, so if you have all or some of these against the other parent, the court may award you with full custody.
Any proof of criminal activity under the influence of alcohol or drugs.
Prior documented drug use.
Testimony by witnesses.
Affidavits from social workers.
Courts are required to order the least intrusive method when they decide that a drug test is needed. By law, the results of the test do not imply denial of custody rights; instead, the courts should pay attention to other relevant factors while making a decision regarding a child’s custody. The officials who are assigned the task of testing need to follow the below instructions:
The test results should be treated as highly confidential, and the information should not be shared by any means. There are provisions of fines and penalties if this law is breached.
The test results should be exclusively used for settling matters related to the custody of children, and the information should not be used in other civil or criminal cases.
Parents are allowed to challenge the results and undergo additional test procedures until the matter is settled, as there can be inaccuracies in the drug-testing process.
Breaking up with a life partner is not so easy, especially if you have children to look after. Naturally, you will feel concerned about how your child’s present and future will be affected by letting him stay with someone who is addicted to intoxicants. Thus, you must look for a good family attorney in Oklahoma City, OK, before filing for custody after divorce so that at least your children will be in safe hands.
** Disclaimer: This blog article is not legal advice and does not create an attorney-client relationship.