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- How to file a motion for drug testing georgia
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- Motion for drug testing
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Hair Follicle: Another method of drug testing is to perform an analysis of the hair follicle. Child Custody Drug Testing. If the Motion is Granted. Before requesting a drug test, make sure you have no doubts that your spouse has a substance abuse problem that could harm your child. Drug testing is invasive. When a child's custody is being disputed, one of the major things that the court must try to decipher is where the child is going to be best off going to, which parent has their best interests at heart, and who can offer them the safest and best quality of life.
How To File A Motion For Drug Testing Georgia
Positive drug test results will have a big impact on the outcome of a child custody case. Yes, the other parent has an opportunity to file and serve their response. How to file a motion for drug testing in va. The court may order both parents to take a drug test if they feel it will be beneficial. A qualified family law attorney will help navigate your child custody case and assist you in determining the best way to approach drug and alcohol testing on either side of the table. Test results also are restricted against use beyond the family law proceedings.
How To File A Motion For Drug Testing In Va
If you have questions about setting up drug tests in family court, please contact us online or by phone to arrange a consultation with one of our experienced attorneys. If there is any reason to suspect that the child's well-being or physical safety would be negatively impacted by spending parenting time with one of the parents, the court will take that into serious consideration when dictating the ultimate custody arrangement. Then, your attorney can request the court to order drug testing in your case. The simple fact is that parents who have serious drug issues may not be able to care for and supervise children on their own. Unfortunately, you may need to protect your child from their other parent. A family law attorney can explain whether the drug testing motion requires personal service, service by mail, or electronic service. Drug testing and child custody: Can you ask for your spouse to be tested? –. If the spouse has a history of illegal drug use or alcohol-related criminal history, this constitutes a "preponderance of the evidence" and meets the burden of proof. If you suspect that your child's other parent is using drugs, your attorney may file a motion requesting drug tests. When a parent uses drugs in front of a child or creates a situation in which the child is given easy access to drugs, then this behavior can result in jail time for that parent based on child endangerment laws. The choice of test may depend on substance and suspected frequency of use. There may be accusations flying around and a lot of disagreements in a case of this nature, so you should make sure your rights are legally protected and that a professional is fighting your corner. It is used in the workplace to identify recreational or performance-enhancing drugs users, which may be grounds for termination. Requesting a drug test. A judge who grants one request will usually allow the opposite party's request for drug testing as well.
Motion For Drug Testing
Instead, a family law court is generally focused on protecting the best interests of children. When the custody order is given after a positive drug test, what happens? An essential screening may cost as little as $50 for a private employer with 20 employees or less. Alternatively, it could be the case that Child Protective Services get involved to regularly meet with and evaluate the family to ensure a healthy environment for the child. Responding to Motion Seeking a Drug Test. Failing follow up testing for drugs and/or alcohol may likely add to the difficulty of receiving custody or additional visitation rights with the child. Drug Tests in Child Custody Cases. How long do drugs stay in the body after consumption? Drug testing costs vary greatly depending on the type of test being done, the number of times it must be done, and the frequency with which it must be repeated. A parent who tests positive for heroin, for example, will be treated differently from a parent who tests positive for a small amount of alcohol.
Drug testing can also be performed on a person suspected of using illicit drugs or alcohol while driving a car. Though urine testing is considered to be effective, a urinalysis can only pick up drug use that occurred within the last few days or even the last few hours. Your family lawyer can help you determine what specific actions you should take to ensure that the health, safety, and well-being of your child is fully protected. How to file a motion for drug testing georgia. In other instances, one parent may have to bring the other's drug abuse to the attention of the court. You cannot cite the apparent presence of substance abuse as evidence, so changes in your spouse's behavior or the appearance of drug use do not count as actual evidence. Blood tests: Blood tests are mostly used to detect alcohol use, as most drugs are metabolized out of the bloodstream within a few hours. The judge could order the parent who failed the drug test to attend drug treatment classes. Every state has its laws regarding child custody, and every set of rules is different. Contact us today at 817-900-3220 to schedule a consultation.