Can I make my Ex Take a Drug Test during a Custody Battle?
Do you have concerns that your ex is using drugs and making poor choices? This is unfortunately a common concern in family court. It is also common that a parent comes to us wanting to see if they can make their ex take a drug test.
FAMILY COURTS WILL SCREEN FOR DRUGS
When this happens we will file a motion to the Court explaining the concerns and requesting that the party take a drug test. Usually the Court will need some probative evidence that makes them believe it is necessary and it will not just blindly require a drug test. They also may make you pay for the test or even drug test both parties when this kind of request is made.
WHAT HAPPENS IF THEY FAIL A DRUG TEST
The judge is bound by the best interest standards set out in Indiana Code § 31-14-13-2. One of the factors is the mental and physical health of all individuals involved. So maintaining a sober lifestyle and staying drug free is a major consideration in a custody case. A bad drug screen can cause an immediate change in custody and even require supervised visits until the person is able to demonstrate a period of sobriety.
Reading about the problem is one thing. Dealing with it is another.
If this issue is affecting you, your family, your case, or your career, the next step is understanding how the law applies to the facts in front of you. Tell us what is happening and Vining Legal can help you determine what needs attention next.
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Vining Legal · Indianapolis, Indiana
Family Law · DCS · Criminal Defense · Appeals
