Drug And Alcohol Testing In Custody Proceedings

California legislators have recently made it clear that the court has the power to order parents to undergo drug and alcohol testing. Newly enacted Family Code, Section 3041.5, authorizes family law courts to order drug and alcohol testing for any parent involved in a custody dispute if it is found, by a preponderance of evidence, that the parent uses illegal drugs or abuses alcohol habitually or continually (or frequently, in the case of controlled substances). Either parent (or both parents) can be ordered to pay for the drug testing. A positive result, by itself, cannot be grounds for a custody ruling against the party. The tested party will be entitled to a hearing to contest the results.

Written By Donald P. Schweitzer