Notice:
DUE TO COVID-19, PHONE CONSULTATIONS ARE AVAILABLE TO ALL POTENTIAL CLIENTS AND CURRENT CLIENTS THAT PREFER NOT TO MEET ONSITE. PLEASE DON’T HESITATE TO CALL US IF YOU HAVE ANY QUESTIONS!

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?

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.
Categories: