Quatela Chimeri, PLLC

Could drug testing play a role in child custody proceedings?

Having an alcohol or drug abuse problem can often cause many hardships in a New York resident's life. When it comes to child custody, the court often views these issues harshly because of the possible negative impacts the children involved could face. As a result, one parent could end up seeing the children much less often than he or she had hoped.

Though some accusations of drug or alcohol problems may be warranted, some parents could also make such claims simply because they want certain custody outcomes and think such claims could make it more difficult for the other parent. Whatever the reason for the accusations, drug or alcohol testing is often required by the court if there is sufficient evidence to support the claims. Some of the forms of testing used include hair and nail tests, urine screenings, blood tests and breath tests.

With urine testing, the results could show whether any drugs or alcohol had been used recently. However, after a certain time period, it likely cannot detect drug or alcohol use. With nail testing on the other hand, the results could potentially show drug or alcohol use as far back as a year. If any testing has positive results, the court may present unfavorable outcomes when it comes to custody for the accused parent.

Luckily, many courts do believe that with rehabilitation and recovery, parents could later obtain more favorable child custody terms. Having to deal with such issues during custody proceedings could be difficult for any New York parent. As a result, they may wish to obtain professional assistance during this time. Experienced attorneys could provide useful information and guidance throughout the process.

Source: dmagazine.com, "How Alcohol and Drug Allegations Can Impact Your Child Custody Case", Sept. 26, 2017

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