What Happens If I Refuse to Do a Drug Test Ordered by Court

Not everyone who uses drugs is a bad person or bad parent, but they need help with their addiction and addiction before they are better able to be a good parent and role model. To protect children in divorces and custody cases in Texas, drug testing is important. A drug test on the hair follicle is a more comprehensive test than a urinalysis. It tests on: Procedures followed on a court-ordered drug test in a custody case: This may seem like a useful tactic in some cases, but it`s not enough to accuse the other parent of taking drugs to change the procedure. The court will only seek to order a drug test if it has received evidence that the parent in question has a history of drug use, if there have been drug-related convictions in the past, or if there is testimony from the parent who takes drugs. If both parents live at the same address during the custody hearing, the court may decide to test both parents for drug use. Depending on the case, the court may allow a parent to regain some of their rights or have custody changed in the future by establishing a treatment plan and agreeing to be tested regularly for drugs. There are two common scenarios for visits, the first being that the non-custodial parent must undergo drug treatment and stay clean for a while before the first visit X. The second scenario could be for parents to get immediate visitation rights if they agree to regular drug testing, and their rights to be revoked if they fail.

Circumstances can always change, and if a parent can prove that they have been rehabilitated, they can apply for a change in their court order and custody arrangements. This change may allow for unattended or extended visits. Drug testing is one of the factors used to make decisions in custody disputes. The findings will support the court`s decision to grant custody to the parent who can provide the safest environment for their child. However, if the other parent believes they have relapsed or continue to use drugs, that parent can request a drug test before changing the order in a custody case. Marc L. Scroggins and the scroggins Law Group team are adept at helping children suffering from drug and alcohol abuse and parents with addictions. The court would recommend unannounced follow-up tests to confirm custody of the children if they determine that one or both parents have a history of drug abuse. In the meantime, parents would lose custody of their child and receive planned access rights according to the judge`s approval.

In addition, it is important to remember that even legal drugs can cause one of the parents to lose custody if the parent abuses them and the child has easy access to legal drugs. The court will also consider this factor in its decision. In some cases, the court order may already contain the terms of the amendment without the parent having to apply. For example, the court may include instructions in the order that specify how long the parent must be clean and when certain rights such as extended or unsupervised visits can be restored. To be precise, if a parent is convicted of drug addiction, the court may revoke custody of that particular parent based on the current situation. If both parents are chronic drug users, the court will find them unfit for parenthood and grant temporary custody to a third party (in most cases – grandparents or close friends). Not only can your lawyer help you with laws that affect custody, but they can also defend you against allegations of drug use or inappropriate drug testing procedures. If you have failed a drug test and want to retain custody of the child, your lawyer can help you develop a plan that you can present to the judge to regain your parental rights. If a parent fails a court-ordered drug test, the consequences vary depending on certain factors such as details of the test result, situational factors, financial situation, etc. The verdict may also vary due to the intensity of drug and alcohol use. For example, the verdict for a recent or former drug addict would be different from the sentence imposed on the person who tested positive for a small amount of drug or alcohol use. In cases where it is proven that one or both parents are drug users, then it is necessary to conclude whether these drugs are used in the presence of the child and whether the child has easy access to these drugs due to the drug use of his parents (the child could easily find the drugs, for example).

Whether it is illegal or legal drugs (e.B prescription drugs), the extent of the abuse must be assessed by the court and, in some cases, a deportation order may be issued to protect the child. Drug and alcohol use and abuse can significantly impair the ability to be a good parent. Drug testing in police custody is becoming more common. Several U.S. states have voted to legalize drugs like marijuana, and some people are more relaxed about certain substances, but that doesn`t mean that a parent`s drug use is acceptable or in the best interests of their child. .