An unfortunate feature of some divorces in Illinois is the tendency of parents to try to convince a judge that their child’s other parent is unfit for parental responsibilities or parenting time. Some parents are justified in their concerns – perhaps the other parent is neglecting the child, abusing the child, or using drugs or alcohol unsafely. Whether justified or not, a parent may ask a court to test their child’s other parent for drugs or alcohol. If you are being asked to take a drug test, or if you are wondering whether you can ask a judge to order your spouse to take a drug test, this blog may be helpful to you.
Can a Judge Order a Parent to Take a Drug Test?
Judges use parental responsibilities cases to determine whether a parent can act in ways that are in the best interests of a child, but it can be difficult to determine the truth without ordering an extensive investigation into each parent. This is especially true when parents both testify about behavior that would justify drug testing, or when a parent’s behavior may lead a judge to suspect drug use is going on.
To that end, a judge can order a parent to prove themselves in many ways before giving him or her parenting time or parental responsibilities. This includes psychological testing, home visits, and drug and alcohol testing.
What Happens if I Fail a Drug Test?
The drug test results may affect the outcome of a custody decision, but it will depend on the results of the test and the circumstances surrounding the drug use. For example, marijuana showing up on a drug test may not matter – unless the parent is on probation and prohibited from using alcohol or THC. Testing positive for other drugs can have a more serious impact on the outcome. Judges can order any kind of drug test, including hair tests and blood tests, so detection may not be avoidable. If you are worried that you will fail a drug test, do not try to avoid providing hair, blood, or urine samples; be honest and try to address any limitations you may have truthfully. Trying to get out of a drug test may result in more serious consequences.
Schedule a Free Consultation with a Hinsdale, IL Family Law Attorney
When a parenting conflict becomes heated, do not leave the future of your relationship with your children to chance. Get help from an experienced Dupage County parenting agreement attorney at Law Office of Martoccio & Martoccio who can help guide you throughout your legal process and create a plan for securing a favorable outcome. Call us today at 630-920-8855 to schedule your complimentary consultation now.