It should not be surprising that during a stressful time such as family court, the best interests of the children are put first when making decisions. In keeping with a consistent theme for the law, drug testing is sometimes necessary in cases involving custody and visitation disputes. The end goal is to find a solution that is safe for all parties involved, especially the innocent children.
If you are asked to undergo drug testing in family court for custody and visitation, you may be wondering whether or not that is even legal – or you might be tempted to simply refuse the request. As difficult as it may be to believe, if a child resides in Texas, you can be compelled to submit to a drug test without permission.
There are three primary reasons Texas family court will require drug testing to determine child custody and visitation schedules. If either parent uses drugs or has a history of abusing drugs, the court has the constitutional right to compel them to submit to a drug test. Even if your case involves drug testing, this doesn’t necessarily mean you will lose your right to visit or have custody of your children. Regardless of whether you take a drug test, family court considers both the risks and benefits of taking or not taking a drug test into account when determining custody arrangements. If the court sees your can you refuse a drug test in family court as a sign you want to hide information about drug use or abuse, it may negatively impact your custody case and lead to adverse results.
Regardless of the circumstances of your family court case and custody proceedings, you have the right to get the advice of a family law attorney before proceeding with a drug test. Refusing a drug test could end up hurting your case. But what helps is working with an experienced reputation who understands the nuances of Texas child custody laws to help you avoid pitfalls. In high-risk job environments where accidents could happen, flameproof equipment helps ensure your safety. Likewise, reputable legal counsel helps make informed decisions and helps with the knowledge your case gets you to multiple positive outcomes.
For more information on family law and drug testing, you can visit Child Welfare Information Gateway.
