Are Drug Tests Required in Florida Child Custody Cases?

There are many issues that can arise in child custody cases. One of the most serious is the matter of parental drug use. If a parent is struggling with misusing drugs or addiction, it can significantly impact a child custody case. If you believe that your former partner has a problem with drugs, proving the issue can help you obtain a more favorable outcome. That proof is often the results of a court-ordered drug test. One of our Tampa child custody attorneys explains below when a court may order a drug test.
The Best Interests of the Child
As a parent, you only want what is best for your child and this can include protecting them from a parent with a drug problem. Under state law, the Florida courts must also make child custody decisions based on what is in the best interests of the child. This means ordering a drug test if there is sufficient evidence that one is needed.
Even when one parent is struggling with an issue such as drug use that can hinder their ability to properly care for a child, the courts still recognize that it is in the best interests of the child to maintain a strong relationship with each of their parents. Although a child may benefit from supervised phone calls or visits with their child, it is not usually in their best interests for parents to have shared custody.
Who is Required to Take a Drug Test in Custody Cases?
It is important to note that if you can prove the need for a drug test for your former partner, the courts may also order you to undergo similar testing. If you are concerned that you will not pass a drug test, it is important to discuss this with your attorney. In some cases, it may not be worthwhile to ask the court about drug testing. However, pursuing drug testing may be necessary to ensure your children are protected. It is also important to remember that while drug test results can help contextualize the case, they do not guarantee a final decision in one’s favor.
How Does Drug Testing Work in Custody Cases?
In child custody cases, drug testing can take many forms. The most commonly used forms are urine and hair testing, as these can contain metabolites of a drug. Most often, court-ordered drug tests test for amphetamines, THC, methamphetamines, cocaine, opiates, and more. While hair testing can detect drugs for as far back as three months, urine tests are typically only accurate for a few days, with the exception of marijuana and THC.
Our Child Custody Attorneys in Tampa Offer Sound Legal Advice
Drug testing is a very serious issue in child custody cases. Whether you are trying to prove a substance abuse problem, or defend against unfair accusations, our Tampa child custody attorneys at All Family Law Group, P.A. can help. We can prove your case and submit evidence that will give you the best chance of a favorable outcome. Call us today at 813-672-1900 or contact us online to schedule a free consultation and to get the legal advice you need. Se Habla Espanol.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html