Are Drug Tests Legal in Family Court?

Illinois divorce lawyerDuring a divorce, it is not uncommon for one parent to try to make the other parent look bad so that they do not receive any child custody. A parent may state that the other parent is violent, drinks too much, or uses illegal drugs. If you could relate to this situation, you may be asking yourself whether drug tests are legal in family court. Let’s take a closer look at the answer to this question.

Drug Testing Requested By the Judge

In the event a judge believes you or your soon to be ex have used or are using illegal drugs, they may order a drug test. The other parent’s actions in the courtroom or allegations in court documents may lead the judge to have this type of request.

When it comes to child custody cases, a judge’s goal is to make a decision that is in the best interests of the child. It is difficult to determine the ideal parenting arrangement for the child if a judge is not sure whether you or the other parent is dependent on drugs.

Drug Testing Required By You or the Other Parent

If you believe the other parent of your child is a drug user, it is essential that you consult a divorce lawyer right away. They can file a motion in court and request that the other parent take a drug test. In some cases, they can also request that the parent completes a mental health evaluation.

Keep in mind that your child’s other parent may also request that you take a drug test because they are concerned you are using drugs or are trying to ensure child custody arrangements align with their preferences. An attorney can help you disprove any false allegations made by your soon to be ex.

Types of Drug Tests

There are a variety of drug tests that you or your child’s parent may be ordered to take. These tests include urine, blood, and follicle tests. They are conducted in different ways so that alcohol or drugs can be found in your system for different lengths of time. The time period in question as well as how soon the court would like to see the results will dictate the type of test you and/or your soon to be ex will be required to take.

Failing a Drug Test

The results of the drug test will play a role in the judge’s child custody decision. However, understand that if drug use is found in you or the other parent, custody will not automatically be granted to the parent who is drug-free. There are a number of other important child custody factors that will impact their decision.

Contact a Highly Skilled DuPage County Divorce Attorney

If you have a question related to drug testing and how it may affect your child custody situation, we encourage you to contact our Hinsdale divorce attorneys. We can be reached at 630-920-8855 and look forward to hearing from you.


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