This is the next post in my series on proving parental drug use in a Las Vegas, Nevada child custody case. My previous article provided an overview of topics which this series will also be addressing. It also stressed the need to speak with an attorney if you believe your son or daughter is in danger. It is important that you speak with counsel immediately as waiting to do so may result in the Court questioning whether the matter is actually urgent. In this article I will discuss situations in which the Clark County Family Court may require a parent to undergo immediate drug testing. If you are in need of assistance then contact my office today to speak with a lawyer.
Clark County Family Courts may require drug testing after a parent requests to change child custody
If a parent believes that their counterpart is illegally using drugs then the first step is to file a Motion to Change Child Custody with the Court. This is a formal document in which the requesting parent will state their position and provide evidence supporting the accusations. If the matter is an emergency (as are most cases involving narcotics), then the Court may be willing to hear the matter quickly. The Court will typically require the accused parent to take a drug test, at a Court-approved facility, immediately following the hearing. If the accused parent does not take the test then the Court will typically presume that the results would have been positive. The Court may grant the accusing parent temporary custody of the child while the drug test results are pending.
The results of the Court-ordered drug test will typically be returned to the Court within a day or two. If the results are positive then the Court will typically schedule an immediate hearing to put a temporary custody order in place. In such situations, it can be common for the accusing parent to be awarded custody with the other parent receiving supervised visitation while the case proceeds. The Court will then set a trial date for determining what a more immediate solution should be. How the Court will rule in any given situation, however, will always depend on the specific facts of the case.
Las Vegas parents should take immediate action if they believe their counterpart is using drugs
If a parent believes that their counterpart is illegally using drugs then it is typically advised that they bring the matter before the Court as quickly as possible. Waiting to file a Motion can result in the Court questioning whether the matter is truly urgent. Also, waiting to file a Motion can result in the other parent temporarily “getting clean” for the purposes of passing a drug test, only for them to go right back to using. Immediately filing a case can, depending on the circumstances, be one of the best ways to ensure that the interests of one’s child are protected.
If you are in need of assistance then contact my office today to speak with a Las Vegas child custody lawyer. I practice solely in the area of family law and regularly handle change of custody requests. My firm is devoted to providing a high level of service and we look forward to being of assistance. Contact us online or by telephone for an initial consultation.