Drugs, it seems, are back on the scene in a big way. Habitual Drug use is a ground for divorce. Drug use can be a bar to custody. Drug abuse is a Crime and can lead to other troubles.
It’s more and more common for parties in family law cases to be drug tested. Urine, hair follicles, blood and even finger nails can be tested for drug use. Depending on the test, results can show drugs or alcohol in your system from 2 days ago up to 90 days ago. And testing “Hot” is not a good thing.
In your Family Law case the Court will put a lot of weight in a Failed Drug test when determining custody, visitation and credibility. While a Failed Drug test does not guaranty you will lose custody, it certainly does not help. It also can matter what type of drugs, how recent and quantities that the test results show.
Use, whether it is “recreational,” “just once” or “I never inhaled” can and will be used against you. Drug use can also be an element of child neglect/abuse.
Once, I was discussing visitation rights with a non-custodial parent. I made the comment, “Well, as long as you did not have a meth lab in the garage you have nothing to worry about.” The response, “What if I did?” “That’s going to be a problem…“
Now, all is not lost if you have used drugs or are using drugs, IF you STOP! Court’s like to see people “get their act together” “turn their life around” and “be productive members of society.” You can see your kids and you may even get or regain custody if you are doing all the right things.
Matthew Thompson is an Adjunct Professor teaching Domestic Relations and a Divorce Attorney. In the words of Nancy Reagan, “JUST SAY NO!”