Drug And Alcohol Tests In Custody Cases

If children are to grow up to be well-adjusted adults

, it typically works to their advantage if they are raised by a parent or parents who themselves are in the right condition and state of mind. However, it does happen that a parent can become unfit to raise his or her children, whether it is due to a criminal record, psychological problem, or drug or alcohol abuse. At some point, the parent does make an attempt to win custody of his or her children, and try to prove to the court that he or she has really been making an effort to live a cleaner life. In this case, a drug and alcohol test can be ordered by the judge to prove the parent's claims.

Typically, the urine test is the method that is most commonly used in these cases. This is actually quite problematic, because the urine test is not the most accurate indicator of consistent and sustained drug use. If the parent has ceased to use drugs for a week or so prior to the test, then it can be quite easy to show negative results. The hair drug test, on the other hand, can reveal drug use of up to a period of 90 days prior to the test. Currently widely used, it is gaining ground as a viable alternative thanks in large part to its window of detection as well as its accuracy.

In a custody case, a drug testing service is usually recommended to the parent, who must then submit him or himself to the procedure. It is generally advised to take the test a second time, because there have been cases wherein the initial results are positive for drug use, and a subsequent one posts a negative result. It would be in the defendant's best interest to get a lawyer, not just to represent him or her during the case itself, but also to protect his or her interests during the drug testing process. They have to make sure that the testing service follows the protocol for testing and that the samples provided have not been compromised, minimizing the risk of false positives.

Failing a drug testing procedure could damage a parent's case, although over time he or she will be able to appeal the decision. If the parent has indeed abstained from drugs or shown that they are teetotal, a drug test will be one of his or her best ways to win the case.

by: Boyd Norwood

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