Family law cases are often stressful and emotional especially when children are involved. One issue that sometimes arises in custody and visitation disputes is drug testing. If a parent’s substance use is questioned, the court may order testing to help determine what arrangement is in the best interest of the child.
At Haugen Law Firm, we know these situations can feel overwhelming. Here’s what you should know about how drug testing works in family court cases.
Why Courts Order Drug Testing
In Texas, the guiding principle in any custody case is the best interest of the child. If there are concerns that a parent may be using illegal drugs or misusing prescription medication, a judge can order drug testing to make sure the child will be safe.
This doesn’t automatically mean one parent will lose custody, but it can play an important role in shaping visitation schedules, conservatorship, or protective conditions.
Types of Drug Tests the Court May Use
Courts have several options for testing, depending on the circumstances and concerns:
- Urinalysis: Most common; detects recent drug use.
- Hair Follicle Test: Detects use over a longer period (up to 90 days).
- Blood Test: Less common, but can show very recent use.
- Nail Test: Detects use up to 6 months prior, sometimes longer.
Each type has pros and cons, but all can carry weight in a custody case.
When Drug Testing Comes Into Play
Drug testing is not automatically ordered in every family case. It usually arises when:
- One parent raises concerns about the other’s substance use
- There is a history of addiction or criminal charges related to drugs
- The judge has reason to believe drug use may endanger the child
The judge has discretion, but once testing is ordered, both parties must comply.
The Impact of Test Results
Positive Test: A failed test can lead to restrictions, such as supervised visitation, mandatory treatment programs, or limited custody rights.
Negative Test: A clean test can help clear your name if false accusations are made.
Refusal to Test: Refusing a court-ordered test is usually treated the same as failing, which can seriously harm your case.
Why You Need an Attorney
If drug testing becomes part of your family law case, it’s important to have an attorney who understands both the legal and practical implications. At Haugen Law Firm, we can:
- Challenge improper testing requests
- Ensure the testing process is fair and accurate
- Advocate for appropriate custody or visitation terms based on results
Moving Forward with Confidence
Drug testing in family court can feel invasive and stressful, but it is designed to protect children and ensure their well-being. Having the right legal team by your side makes all the difference.
At Haugen Law Firm, we bring strategy, compassion, and experience to every case. If drug testing is an issue in your custody dispute, we’re here to protect your rights and guide you through the process.