Ask A Lawyer: Drug Tests For Everyone

 Question:

I’m a recovering addict and alcoholic 9 months clean. The ex just got into treatment to impress the court. I want the court to order ongoing tests on both of us to prove whether we are using drugs. The grandparents are beginning to intervene for custody.

 

What can I do to ensure I don’t lose influence in my children’s lives?

 

Answer:

It is not uncommon for the Court’s order drug tests when there is a history or drug use.  The Court can set up random or regularly scheduled testing.  This is usually a good way to prove to the court that you continue to be clean and sober and determine whether mom is doing the same.  

In order for grandparents to obtain custody, they must show that neither parent is able to care for the children or that is not in the children’s best interest to be with the parents.  When the court is determining custody they will give priority to the parents.  You will need to show your willingness and ability to care for your children. Keeping clean and sober will go a long way to showing you are able to take care of your kids.  You must also show the court that you have a clean safe environment to raise them in and the means to support them.  If you do not already have an attorney,  I suggest hiring one.  Your attorney will be able to provide you with other things you can do to build a stronger case for custody. 

 

 

Clarissa Finnell is an Associate Attorney in the Indianapolis office of Cordell & Cordell, P.C. She is a member of the Indianapolis Bar Association and has been licensed in Indiana since 1997.  Read more about Clarissa Finnell.

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