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Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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WHAT WOULD HAPPEN IF ONE PARENT FAILED A URINE DRUG TEST AND

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WHAT WOULD HAPPEN IF ONE PARENT FAILED A URINE DRUG TEST AND ONE PARENT DIDN'T? WHO WOULD GAIN CUSTODY?

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

I certainly understand your concern. If the drug test was ordered by the court and the parent failed, they could likely lose custody of the children. The reason being, is that the Judge will act in the best interest of the children. If the father is using drugs, his ability to care for the children could be impaired and they could be in danger or harm. Moreover, the Judge would not likely want the children present, in a home where drug use is going on and the kids could be exposed. If this issue was brought up in court and the Judge is aware, he/she could remove the children from the father and place them with the mother, if good cause is shown. The attorney would need to bring the matter back before the Judge, unless a court date is pending, for the Judge to review the issue.



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Customer: replied 4 years ago.


Thank you for answering my request. what you were saying is that the decision to decide what is best for the children won't happen immediately and it could take longer than 2 weeks for example.

Yes, it would have to wait to go before the Judge. As I stated above, if there is no date in place already, one needs to be set and if it is an emergency situation, then an emergency motion for custody could be sought and filed with the court and the matter could be escalated and heard as soon as possible instead upon the Judges availability. Please let me know if you have any other questions. I would be happy to answer them. If not, remember to rate my help with 3, ,4 or 5 faces, so I can get credit. Thanks!
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