When the courts get involved in a child custody case, they know that a lot of emotions are going to be all mixed up in there. It is easy to see how a dispute between a couple can boil over into a full-blown child custody case that can get ugly in a hurry. This is why it is a good idea to retain a great divorce lawyer as soon as possible in the case. You need to make sure that you have the law working on your side. Today, we want to take a look at what happens if an individual requests a drug screening as part of the case.
Requesting A Drug Test
It is clearly the case that drugs or alcohol can impact the way in which a person raises a child. If an individual is frequently under the influence of either of these substances, it is reasonable to expect that they might not provide the best care for the child. Some cities and states have decided that they have no option but to prioritize the safety of the children involved over the privacy of the individuals who raise those children. As a result, they have made it possible for the divorcing spouse to request a drug screening of their soon to be ex partner.
Ask Your Lawyer About The Logistics Of This
Your divorce lawyer will know better than anyone else if it is even possible to request such a screening from the person that you are divorcing. If such a request can be fulfilled, then they may also inform you if this seems like a good decision from their vantage point depending upon how it may impact your case as well as how much this is likely to cost you as well. If the costs get too high, then the lawyer may advise that you take a different tact instead.
Finding Evidence To Support Your Claim
You cannot ask the court to submit your soon to be ex spouse to a drug screening just because you personally believe they may be on drugs. Rather, you have to try to provide at least some evidence to the court to back up this claim. A prior history with drugs is a great place to start. If that exists, then the court will very likely grant your request that the other person be tested.
Assuming they do not have a history with drugs, you could try to sway the court with witness testimonies and medical records if you have them. Either of these pieces of evidence may be compelling enough to get a court to grant the request. The more evidence that you can pile up, the better.
Getting The Results
The results of the test have to be confidential, and the results can only be used for the purposes of the hearing over child custody that is before the court. Still, if it turns out to be true that your soon to be ex has in fact been on drugs, then that could serve as a big win towards your side of the case. Make sure you consider that when you think about proceeding with this kind of request of the court or not. It may seem like an obvious thing for you to do, but you just want to make sure you are right before requesting such a thing.
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