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.