Child custody: Will the court consider a parent's drug or alcohol abuse?

In determining what is in a child's best interests at a child custody hearing, will the judge consider one parent's habitual or continual illegal use of controlled substances or the habitual and continual abuse of alcohol? YES. Before considering one parent's allegation of the other parent's alcohol or drug abuse however, the judge may require independent corroboration such as written reports from law enforcement agencies, courts, social welfare agencies, or medical facilities. Under Family Code section 3041.5 a court may order any parent who is seeking custody of, or visitation with, a child who is the subject of the proceeding to undergo testing for the presence of illegal drugs or the use of alcohol if there is a judicial determination based on a preponderance of the evidence that there is the habitual, frequent, or continual use of illegal drugs or the habitual or continual abuse of alcohol by the parent. The evidence may include, but is not limited to, a conviction within the last five years related to illegal drugs or alcohol abuse. The court must order the least intrusive method of testing for the illegal drugs or alcohol abuse. A parent who has undergone testing has a right to a hearing if requested to challenge the test results.

For legal representation at your child custody hearing, call THE BUCKLEY LAW FIRM today: (805) 540-7017.