Alcohol Testing During Child Custody
Alcohol testing during child custody is done by testing hair because the hair will show a person's history of alcohol use for up to a year. Urine testing is another way that the substance will show up but the tests given this way are not always accurate. Hair testing will not only prove usage it will prove non usage as well. One's hair will absorb everything that a person eats or drinks including drugs and alcohol. Alcohol testing during child custody is usually administered and collected by a certified nurse that is sent to the parent's home or at a designated location determined by the court. The lab will look for the existence of ethyl glucuronide in the bloodstream.
A parent accused of substance abuse who is trying to gain custody of his or her children will have to submit to drug testing when ordered by the court. This is also true for a parent who wants visitation privileges. The results are for use by the court only and the results will be kept confidential. Alcohol testing during child custody is a process that determines how long a person has abused substances. This will tell the court if the parent in question is a habitual user or an infrequent user. If the adult refuses the test then the court will rule against him or her and not allow custody or visitation. If the party admits to substance abuse but wants to have visitation rights then the test will still have to be administered to determine the extent of the abuse. "He that covereth his sins shall not prosper: but whoso confesseth and forsaketh them shall have mercy" (Proverbs 28:13).
Testimony from medical personal and police can help to prove a case against someone guilty of substance abuse. The person may have a police record of driving while drunk or has been caught with possession of the substance. The court will look at the extent of the allegations against the accused and the testimony or proof to determine alcohol testing during child custody. Observing the behavior of the accused while present in the courtroom could lead a judge to a decision to order testing. The court will want to determine if the child will be safe while in the presence of the accused. Someone who has a record of driving while drunk will not have a lot of success in convincing a judge to let him or her have visitation rights. And if he or she gets visitation rights they will be limited to seeing the children while they are in the custody of the other parent.
First and foremost the court has to judge a case regarding alcohol testing during child custody based upon the health, safety, and welfare of the minor. Younger kids usually require more protection from the court than minors who are older. Older kids will be able to tell the court about the substance abuse because they understand what is happening. Older children with special needs will probably need the same type of consideration by the court as younger kids. If a minor was to express to the court that they do not want to be with the parent in question then the judge would have to consider the child's wishes. Family counseling might be an option when a situation exists involving the child's wishes especially if the parent accused pushes the matter to want to see the minor.
Positive test results do not automatically mean that the parent abusing substances has no visitation rights. Instead, the adult may go from unsupervised visitation to supervised visitation. Alcohol testing during child custody with supervised visitation can be changed by the court when the guilty party has a series of tests over a period of time that come out clean. In order for the order of supervised visits to be changed the accused must return to court with a motion to change custody or visitation. Even then, the court will have to determine if the child will be cared for while in the custody of the accused. The minor's welfare is always paramount in these types of cases. The court will have to determine if it is in the best interest of the minor to visit the accused without an appointed supervisor present. If the accused has a safe home environment and has income to take care of the minor then he or she might have a better chance of gaining unsupervised visitation.
Sometimes a person guilty of substance abuse will argue the fact that he or she does not indulge in that abuse while having the minor with them. The adult may produce witnesses testifying to this statement. The court must still consider the outcome of the alcohol testing during child custody to help determine the adult's status with the minor. If the test shows habitual use then the adult in question may not be believable by the court. Community resources may be available to the parent with the abuse problem. If the parent is sincere about wanting to get help and does so then this will look favorably on his or her behalf. Resources to help a parent with an abuse problem are usually provided by the county in which he or she resides.
Options are available to a parent who has been denied custody or visitation rights based upon alcohol testing during child custody. The adult may challenge a positive test result. However, the court will still have to determine what is best for the minor. When the court relied upon substance abuse testing by using the person's urine there was more of a reason for a parent to exercise his or her rights towards gaining custody or visitation by challenging the results of the test. However, the test that is available to the court by using a hair follicle is much more dependable and accurate so the accused has less of an argument that the results are incorrect.
A parent accused of substance abuse who is trying to gain custody of his or her children will have to submit to drug testing when ordered by the court. This is also true for a parent who wants visitation privileges. The results are for use by the court only and the results will be kept confidential. Alcohol testing during child custody is a process that determines how long a person has abused substances. This will tell the court if the parent in question is a habitual user or an infrequent user. If the adult refuses the test then the court will rule against him or her and not allow custody or visitation. If the party admits to substance abuse but wants to have visitation rights then the test will still have to be administered to determine the extent of the abuse. "He that covereth his sins shall not prosper: but whoso confesseth and forsaketh them shall have mercy" (Proverbs 28:13).
Testimony from medical personal and police can help to prove a case against someone guilty of substance abuse. The person may have a police record of driving while drunk or has been caught with possession of the substance. The court will look at the extent of the allegations against the accused and the testimony or proof to determine alcohol testing during child custody. Observing the behavior of the accused while present in the courtroom could lead a judge to a decision to order testing. The court will want to determine if the child will be safe while in the presence of the accused. Someone who has a record of driving while drunk will not have a lot of success in convincing a judge to let him or her have visitation rights. And if he or she gets visitation rights they will be limited to seeing the children while they are in the custody of the other parent.
First and foremost the court has to judge a case regarding alcohol testing during child custody based upon the health, safety, and welfare of the minor. Younger kids usually require more protection from the court than minors who are older. Older kids will be able to tell the court about the substance abuse because they understand what is happening. Older children with special needs will probably need the same type of consideration by the court as younger kids. If a minor was to express to the court that they do not want to be with the parent in question then the judge would have to consider the child's wishes. Family counseling might be an option when a situation exists involving the child's wishes especially if the parent accused pushes the matter to want to see the minor.
Positive test results do not automatically mean that the parent abusing substances has no visitation rights. Instead, the adult may go from unsupervised visitation to supervised visitation. Alcohol testing during child custody with supervised visitation can be changed by the court when the guilty party has a series of tests over a period of time that come out clean. In order for the order of supervised visits to be changed the accused must return to court with a motion to change custody or visitation. Even then, the court will have to determine if the child will be cared for while in the custody of the accused. The minor's welfare is always paramount in these types of cases. The court will have to determine if it is in the best interest of the minor to visit the accused without an appointed supervisor present. If the accused has a safe home environment and has income to take care of the minor then he or she might have a better chance of gaining unsupervised visitation.
Sometimes a person guilty of substance abuse will argue the fact that he or she does not indulge in that abuse while having the minor with them. The adult may produce witnesses testifying to this statement. The court must still consider the outcome of the alcohol testing during child custody to help determine the adult's status with the minor. If the test shows habitual use then the adult in question may not be believable by the court. Community resources may be available to the parent with the abuse problem. If the parent is sincere about wanting to get help and does so then this will look favorably on his or her behalf. Resources to help a parent with an abuse problem are usually provided by the county in which he or she resides.
Options are available to a parent who has been denied custody or visitation rights based upon alcohol testing during child custody. The adult may challenge a positive test result. However, the court will still have to determine what is best for the minor. When the court relied upon substance abuse testing by using the person's urine there was more of a reason for a parent to exercise his or her rights towards gaining custody or visitation by challenging the results of the test. However, the test that is available to the court by using a hair follicle is much more dependable and accurate so the accused has less of an argument that the results are incorrect.
Alcohol Testing During Child Custody
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