Dedicated Experience in Family Law on Your Side.
California Family Code
Family Code section 3041.5
3041.5
In any custody or visitation proceeding brought under this part, as described
in Section 3021 , or any guardianship proceeding brought under the Probate
Code, the court may order any person who is seeking custody of, or visitation
with, a child who is the subject of the proceeding to undergo testing
for the illegal use of controlled substances and the use of alcohol if
there is a judicial determination based upon a preponderance of evidence
that there is the habitual, frequent, or continual illegal use of controlled
substances or the habitual or continual abuse of alcohol by the parent,
legal custodian, person seeking guardianship, or person seeking visitation
in a guardianship. This evidence may include, but may not be limited
to, a conviction within the last five years for the illegal use or possession
of a controlled substance. The court shall order the least intrusive
method of testing for the illegal use of controlled substances or the
habitual or continual abuse of alcohol by either or both parents, the
legal custodian, person seeking guardianship, or person seeking visitation
in a guardianship. If substance abuse testing is ordered by the
court, the testing shall be performed in conformance with procedures and
standards established by the United States Department of Health and Human
Services for drug testing of federal employees. The parent, legal
custodian, person seeking guardianship, or person seeking visitation in
a guardianship who has undergone drug testing shall have the right to
a hearing, if requested, to challenge a positive test result. A
positive test result, even if challenged and upheld, shall not, by itself,
constitute grounds for an adverse custody or guardianship decision. Determining
the best interests of the child requires weighing all relevant factors.
The court shall also consider any reports provided to the court
pursuant to the Probate Code. The results of this testing shall
be confidential, shall be maintained as a sealed record in the court file,
and may not be released to any person except the court, the parties, their
attorneys, the Judicial Council, until completion of its authorized study
of the testing process, and any person to whom the court expressly grants
access by written order made with prior notice to all parties. Any
person who has access to the test results may not disseminate copies or
disclose information about the test results to any person other than a
person who is authorized to receive the test results pursuant to this
section. Any breach of the confidentiality of the test results shall
be punishable by civil sanctions not to exceed two thousand five hundred
dollars ($2,500). The results of the testing may not be used for
any purpose, including any criminal, civil, or administrative proceeding,
except to assist the court in determining, for purposes of the proceeding,
the best interest of the child pursuant to Section 3011 and the content
of the order or judgment determining custody or visitation. The
court may order either party, or both parties, to pay the costs of the
drug or alcohol testing ordered pursuant to this section. As used
in this section, “controlled substances” has the same meaning
as defined in the California Uniform Controlled Substances Act (Division
10 (commencing with Section 11000) of the Health and Safety Code).
This book, written By Paul A. Eads, helps readers know how to prepare before they initiate a legal endeavor and helps make the legal terms of family law issues easier to understand.
Client Testimonials
See What Others Are Saying
-
"Mr. Eads, you are a true master in your field and I will always be available should any of your prospective clients want to contact me as a reference."Mr. Eads, you are a true master in your field.- Peter K.
-
"Mr. Eads worked hard for me and I am confident he will do the same for you."My ex boyfriend was very abusive. His attorney seemed to be very aggressive and was always filing Ex Parte (emergency) hearings for me to appear in court. Due to a cost issue, I attempted to handle matters myself but it seemed that I could not get my point accrues to the judge who seemed to be familiar with my ex boyfriend’s attorney. I found Mr. Eads in the phonebook and I thought I would give him a call. Mr. Eads was able to get the restraining order I was seeking and my ex boyfriend ended up paying Mr. Eads’ attorney fees. I can now feel rest-assured that my daughter and I will be safe. I also happy that I do not have to deal with my ex’s attorney anymore. Mr. Eads worked hard for me and I am confident he will do the same for you.- K.Y.
-
"He was very sympathetic to my cause and was very reassuring when I needed his assistance."I was very pleased with the outcome of my case.- Albert N.
-
"I was barely able to make ends meet. Mr. Eads worked out a payment plan with me and reduced my arrears."I will be able to pay it off quicker and with more money left over with the payment Mr. Eads was able to negotiate for me.- John H.
-
"The outcome was much more than I ever expected to receive."My previous attorney failed to show up for my court date and as a result, the matter was set for trial without any input from my side. I desperately sought out an attorney but most of them wanted a huge retainer up front. I found Mr. Eads and when I went in for a consultation, I found that his retainer was more than reasonable. I also liked the fact that he practices exclusively family law and seems very familiar with the local judicial officers. I felt very comfortable with Mr. Eads in my corner going into my trial and I found that the outcome was much more than I ever expected to receive. Mr. Eads was very thorough in my case evaluation and helped me get everything I was entitled to.- J.L.
-
"Mr. Eads when to bat for me and in my opinion, hit a home run."I decided to hire Mr. Eads based on his experience and the fact that his practice is limited to Family Law.- Veronica S.
-
"Mr. Eads was able to help structure a settlement that allowed me to keep my business while sharing the business debts with my ex."I am a business owner and when I got divorced, I was terrified that I would lose my business. My business was also heavily leveraged against and I did not have enough capitol to sustain the business and pay my wife spousal support. My ex had an attorney who was very intimidating and kept pressuring me to liquidate the business so that I could pay his attorney’s fees. I was referred to Mr. Eads by a friend. Mr. Eads was able to help structure a settlement that allowed me to keep my business while sharing the business debts with my ex. I was also able to shorten my spousal support obligation. I really appreciate Mr. Eads professionalism and guidance during these difficult times.- J.A.
-
"Not only did Mr. Eads get my daughter returned to me, I was able to have full physical custody."I am honored to write this review for Mr. Eads after he helped reunify me with my daughter after my ex abducted her and moved to Arizona. I was devastated when I came home from work to find my ex had left with all our daughter’s belongings. I called the police who told me I needed to hire an attorney. I came across Mr. Eads’ website and I was impressed with his bio. I contacted him immediately and within days, we were in court requesting that my the DA Abduction unit assist me in the return of my daughter. Not only did Mr. Eads get my daughter returned to me, I was able to have full physical custody and my ex has summer and holiday visitation. Mr. Eads is truly my hero. Thanks Mr. Eads!- Paul W.