Can My Ex Force Me to Take a Drug Test?
While your ex cannot show up at your house and demand that you take this drug test or else, they can request that the court issue an order requiring you to submit to a drug test. Typically, your ex will need to show that there is a reason to believe that you may be suffering from substance abuse concerns such as drug addiction or alcoholism before the court orders you to submit to a drug test. If you have nothing to hide, it may be worth considering submitting to the drug test in order to speed up the custody battle. It’s not uncommon for exes to allege drug and/or alcohol abuse in order to attempt to gain sole custody. If you know this drug test is a ploy to do exactly that, it may be worth it to just take the test. Courts generally look down on parents who are fishing for ways to get custody by making the other parent look bad. It’s presumed to be in the best interests of the child to have a relationship with both parents, and if your ex is fabricating your drug or alcohol abuse may be considered evidence that they will not promote the parent-child relationship between you and your child.
What if Someone Refuses a Drug Test?
If you are ordered by the court to take the drug test, you will have to take the test. If you do not want to follow the court order, you may be able to avoid taking the test by simply giving in to your ex’s demands. There is typically no way to avoid taking the court-ordered drug test and continue fighting for custody. It is also important to understand that your ex may still insist on you taking the drug test even if you give in to all of their demands. If you are attempting to avoid taking a drug test because you know you need treatment, your ex may also know this, and they may want to ensure that you do not have care of the child until you are sober or “clean.”
Does Marijuana Use Affect Custody?
Consuming cannabinoid substances may affect custody, especially in areas where recreational use is illegal. However, cannabis will not typically affect custody battles in the same way that substances such as methamphetamine or heroin will. If you occasionally smoke or ingest cannabis, especially out of the child’s presence, it is less likely that such usage would affect custody. How the courts will view cannabis usage will vary from location to location and court to court—especially in states where recreational use is illegal. If you are using cannabis, you should speak with an attorney who can give you custom advice on how it’s going to be viewed by the court. However, if your child is regularly exposed to substance abuse, or you are frequently too intoxicated or high to care for the child, that may affect your ability to get custody no matter what substances you’re using. If this is the case for you, you may need to get treatment before you can have custody.
Does Alcohol Affect Custody?
Alcohol can also affect custody if you are drinking heavily in front of the children, or your alcohol consumption is preventing you from caring for your child and providing for them. The courts generally aren’t concerned with a parent having a glass of wine or a beer in front of the children. However, if you’re regularly falling-over-drunk, passing out, or unable to make sound judgments, you may need to attend treatment before getting custody of the children. Typically, alcoholism only affects custody if the parent in question meets the criteria for clinical alcoholism. Regardless of what your religious beliefs regarding alcohol are, your ex is likely to have the right to drink a beer while the children are in their custody, and they are likely even able to drink the beer in front of the children if they choose.
Signs of Drug and/or Alcohol Abuse
A person who’s battling a substance abuse concern may struggle to hold down a job. They may have frequent run-ins with the law including possession of drugs, possession of paraphernalia, driving under the influence, etc. Your ex may be secretive, have a change in friends, and/or have a change in hobbies. You may notice that they neglect their other responsibilities as well. Their house may be unkept, and they may struggle to maintain their health and hygiene. Changes in weight, for example, can indicate drug usage. The aforementioned may be evidence that you can use when petitioning the court for a drug test.
When You Need a Family Law Attorney
If you’re getting divorced, CoilLaw is here for you. Our attorneys have the experience necessary to advocate for your rights and help you protect your family. Contact us today to set up your initial consultation.
