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In other cases, one parent might have to show the court evidence of drug abuse, like social media postings, photographs, or text messages.One thing parents should never do is falsely accuse each other of having a substance abuse problem in order to restrict custody or visitation rights. Occasionally, accusations of drug abuse or alcohol abuse are enough for a judge to order a drug test without further proof. This is especially common when either parent has a criminal arrest record for substance abuse issues, or when each parent accuses the other of drug or alcohol-related neglect or abuse.In other instances, one parent may have to bring the other’s drug abuse to the attention of the court. Sometimes, a judge will order both parents to take a drug test while the child custody case is ongoing. At this hearing, the judge will listen to arguments from both parents, and will decide if drug testing is appropriate. These tests may analyze urine, blood or hair, depending on the judge’s preference and the court’s standards.After the motion is filed, there will be a hearing. Instead, you may need to ask the court to order a parent to take a drug test and prove that he or she is capable of caring for a child.How To Get A Drug Test OrderedIf you believe that your spouse is abusing drugs or alcohol, you can have your attorney file a motion asking the court to order a drug test. A court may refuse to give custody to a parent accused of drug or alcohol abuse, or that parent may only be allowed supervised visitation.Because accusations of drug or alcohol abuse are taken so seriously, it is often not enough to simply tell the court that your former spouse or partner has abused these substances.
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