Sunday, December 26, 2010

Drug and Alcohol Testing in Custody Cases

There are many instances where a parent is addicted to alcohol, prescription drugs, or to illegal drugs such as cocaine or marijuana.  When this occurs and there is a custody dispute between parents, it is most important on the very first visit before a judge in the custody litigation to request drug and alcohol testing, as well as demanding that if the court sees fit to permit limited visitation, that it be exercised under careful supervision.  Sometimes, this must be done during a motion at the outset of the case.

With regard to supervision, you may consider a member of the spouses family to do so if they are responsible grandparents.  If this is not a viable option, there are a number of other options for supervision, with some of these options either run by the court or closely associated with the court.  In any event until the parent admits his addiction and takes steps to enter into treatment, which could include anger management if this behavior is also exhibited, supervised visitation should remain in place. 

If the tables are turned and there is any allegation that you are abused drugs or alcohol, you need to deal with those allegations right away.  Do not think that they will just go away.  Instead, work with your lawyer to come up with a plan to stamp out these allegations right away before they take over the case against you. 

Ocean County Child Custody Lawyers

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