Can the court impose a requirement that I submit to an indefinite order for drug or alcohol testing as a prerequisite to custody or visitation?
Posted By Paul A. Eads
No. This very subject was addressed in a recent case (Heidi S. Vs. David H). In that case, the Court made an order that required mother to submit to drug testing indefinitely as a condition of increased and eventual unmonitored visitation, and to order that a positive or missed drug or alcohol test would trigger a return to limited monitored visitation. The Court may only order testing for a finite time with the key goal of testing is to provide the requisite accountability to assist a patent to get back on their feet and be better parents.