Explained: The Process of Filing a Motion to Drug Test Against a Drug Addicted Parent in a Child Custody Case

Posted on: May 19, 2022

Explained: The Process of Filing a Motion to Drug Test Against a Drug Addicted Parent in a Child Custody CaseIf you have children and are going through a divorce, child custody is the top priority—especially if you deem the other parent as being unfit to take care of them. Drug addiction is an epidemic. If a parent is under the influence of any illegal drug, it will clearly be detrimental to the care for your children. If you can provide ample evidence to the judge, you have a higher likelihood of child custody in your case.

Please, don’t wait to reach out to us at (949) 585-9055 to see how the family Law Offices of Michael L. Fell can help you win the custody of your kid(s). Don’t jeopardize their future by potentially losing custody. Seek out our free consultation today.

Provide exhibits to support your motion

Although exhibits are not mandatory to support a motion for drug testing, it certainly helps. Evidence in the form of these items should sway the judge in your favor:

  • Photographs of the individual actively using drugs or being around them.
  • Text messages that show the adult in question was selling/seeking to purchase drugs or discussing being under the influence.
  • Other technological communications such as email, Instagram chat, facebook chat, saved snapchats or TikToks, etc.
  • Medical records indicating drugs in their system.
  • Criminal records that show a history of drug abuse.
  • Rehab attendance can show if they are frequently in and out of rehab facilities.

You’ve filed the motion, now what?

If the motion is approved, the court will set a hearing date usually within 1 to 3 months in California. From there you will work with our experts at the family Law Firm of Michael L Fell to build the best case to win custody of your child.

The accused adult will be served the motion and given a chance to respond. In the majority of cases, the accused adult does not admit to drug abuse which leads to a contested hearing. With our expertise, we are ready to represent you.

Call Now to Learn More

If you are either going into or are in the middle of a custody battle, the Law Office of Michael L. Fell is here for you. Our family law attorney, Michelle L. Tran, has over 200 hours of training that is specific to family law, and she understands all the legal nuances that can be involved in child custody battles. She will address your concerns with compassion and effectiveness. Call us at (949) 585-9055 now or sign up for a free consultation with Attorney Tran.