As previously mentioned, the court will not normally sever all ties between a child and their parent based on a failed drug test. Remember that a parents positive drug or alcohol test doesnt automatically lead to a negative conclusion in the custody determination. Sirchie did not respond to ProPublicas request for comment. A fail is a result that shows one does have drugs in their system. In addition, the parent can be prescribed a second drug test after 60 or 90 days. Oral fluid specimens have a shorter detection period and produce higher positive results than urine or hair samples. AG Merrick Garland Holds News Conference on Drug Trafficking (This may not be the same place you live). We are dedicated to transforming the despair of addiction into a purposeful life of confidence, self-respect and happiness. Generally speaking, when a party refuses to take a court-ordered drug test, they should expect to receive severe legal consequences. We do not generally permit translation of our stories into another language. Thus, drug testing is one factor or form of evidence that can demonstrate to the court whether placing a child with a parent is in their best interest. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. For example, if one of the parents is a habitual drug-user, but the other one is not, then the court will most likely grant custody to the parent who provides the safest environment for their child. your case, Types of Divorce: Fault vs. No Fault Lawyers, Fiduciary Duty of Husband and Wife Lawyers, Exceptions to the Community Property Presumption Upon Divorce, Doing Business with Your Spouse During Divorce in California, Controlling a Business During a California Divorce, Joint Checking Account During a California Divorce, Types of Insurance to Consider During Divorce. Drug testing can also be performed on a person suspected of using illicit drugs or alcohol while driving a car. When a judge orders a person to submit to a drug or alcohol test, that person must do so to satisfy the requirement that they maintain a drug-free and alcohol-free status as specified by law.