Can I get the court to require a drug test on the other parent?
I’m William Ausman, the founder of 805 Law Group. We often get asked the question, can I get the court to require a drug test on the other parent? The short answer is yes, one spouse may file a motion to have the soon-to-be ex-spouse, drug tested, or tested for alcohol during a divorce. The court must make orders that are in the best interest of the children involved, and will try to make sure that both parents have ongoing regular, and frequent contact with the children. While doing this, the courts need to consider the children’s health, safety, and welfare. The courts will initially encourage the parents to share custody and visitation.
However, when a party makes allegations of illegal drug use or addiction to illegal substances that are endangering the children, the courts will look at the evidence produced by the parties to make these very important issues of custody, visitation, and drug testing of either or both parents.
Ultimately, it will be up to the judge to decide whether it is appropriate to order drug testing or alcohol monitoring. However, these issues are decided on solid admissible evidence, the courts will look at the evidence of addiction and substance abuse. Typically, a judge will order drug testing or grant a motion for testing only if there’s reason to believe drug abuse is occurring. Evidence of drug abuse might include information provided by spouses, neighbors, friends, witness testimony, some recent prior drug convictions, admissions to a rehabilitation facility, or other competent evidence.
We often work hand in hand with our clients to find the best evidence to persuade the judge to assist them and their children. Every case is different, and there’s no easy one set size that fits all solutions. You need to find the best evidence of abuse or addiction to persuade the judge to give you the orders needed to protect your children. Getting that evidence and presenting it to the judge in a clear sussing. An admissible way is what we find is the most persuasive. Helping you to help your family is what we do best.
If you found this information helpful, please like and share this video. If you have any questions, call us at 805-420-7547 or visit us online at 805lawgroup.com. We offer free consultations at our law offices and free online consultations. You can also click the link below this video to download my book, “California Divorce, and Family Law – How to Protect Yourself, Your Children, and Your Money”.