Over the years, our Tomball child custody lawyers have helped dozens of clients who think their ex is using drugs. They’re worried about their children and consider the option to deny visitation. While it is risky to make this kind of allegation, sometimes, it’s your only option.
Neither Parent Has the Right to Deny Visitation to the Other
Once a custody order is put in place, you don’t have a choice in whether you abide by it. Even if you think your ex is a terrible person, you don’t have the right to deny visitation rights to your children’s other parent.
Sadly, it doesn’t matter how convinced you are that your ex is using drugs. If you don’t have proof, there isn’t much your family attorney in Tomball can do. For them to file a motion asking for your ex to be drug tested, they need concrete evidence.
Your Custody Order Is No Different from Any Other Court Order
If you believe your ex is using drugs or alcohol, you may be tempted to deny visitation with your kids. Unfortunately, if you do this, there’s a good chance you’ll be held in contempt of court.
You can be fined or even jailed. Furthermore, the court may suspend your child custody rights pending an investigation. It’s much better to reach out to an experienced Tomball child custody lawyer and ask them for help.
Your Tomball Child Custody Lawyer Can File a Motion to Drug Test the Other Parent
If you’re confident that your ex is using drugs while the children are present, you have a duty to act. Your family attorney in Tomball can petition the court and ask them to subject your ex to a drug test.
Our Tomball child custody lawyers always warn our clients about taking this step. If the judge believes your allegations are unfounded, they may ask you to submit to a drug test as well.
Or they may find that you’re interfering with your children’s relationship with their other parent. This can cause the judge to grant the other parent temporary custody. There’s no telling whether your kids will be safe if this happens.
Your Family Attorney in Tomball Will Not File This Motion Without Proof of Drug Use
In order to interfere with your child custody arrangement, the judge must find clear and convincing evidence that your ex is using drugs. Your family attorney in Tomball isn’t going to file a motion with the court unless they have concrete proof that they are using.
There are a variety of ways in which they can prove your ex is using drugs. Perhaps you have picked up the children only to find your ex in the middle of using drugs. Or your ex may have been arrested for possession of drugs.
If there are any court records to substantiate your claims, it will help your case.
The Judge Can Deny Visitation Rights if a Parent Fails a Drug Test
If the judge finds that either parent is using drugs and endangering the safety of the children, they will take action. According to Texas Family Code §161.001(P), the court has the authority to terminate the parent-child relationship if they confirm that the parent is using drugs.
The court may also order your ex to attend drug treatment. If they test positive for any illegal drugs, they may be given the option of getting treatment or losing custody of your children.
The Court Will Always Put the Best Interest of the Child First
The court doesn’t care about anything but what is best for the children. Whenever one parent accuses the other of neglecting their children or endangering their welfare, the primary concern is your children’s best interest.
According to Texas Family Code §153.002, the best interest of the child standard is to be applied in most decisions the judge makes. If you can prove that the other parent is abusing drugs, it will certainly interfere with the best interests of your children.
The Judge Can Order a Surprise Drug Test at Any Time
Even if your Tomball child custody lawyer doesn’t file a motion requesting that the other parent be tested, the judge can do so on their own. The family judges are allowed to order either party to submit to a random drug test at any time.
If the judge believes that your spouse (or you) are using illegal drugs, they can make you take a drug test in the middle of a motion hearing. The best way for the court to determine whether a parent is using drugs is to surprise them with a drug test. Otherwise, the parent can prepare for the test in one way or another.
Reach Out to a Family Attorney in Tomball Immediately if You Think Your Ex Is Using Drugs
Our Tomball child custody lawyers have handled many cases where our client’s ex is a drug user. Many of our clients don’t like the fact that their ex gets to enjoy visitation with their children. However, they don’t have the option to deny visitation.
It may have nothing to do with their divorce or the way they feel about your ex. It has to do with the fact that your children could be endangered by your ex’s use of drugs or alcohol.
Not only do you have a right to protect your children from harm. You have a duty to protect them. If this means you need to protect them from their other parent, so be it. You could never forgive yourself if something happened to one of your children while their other parent was high on drugs.
Trust Your Instinct and Meet With a Skilled Family Attorney in Tomball
If you suspect this is happening with your own children, contact a family attorney in Tomball immediately. We can review the information you have and, if need be, file a motion with the court.
The family court judges don’t like to interfere with a child’s relationship with their parents. However, they also have a duty to protect your children. They can compel the other parent to take a drug test. If they refuse or fail the test, the court will deny visitation rights, and their custody rights will also be in jeopardy.