Nevada Child Custody and Drug Use

Posted by on Nov 5, 2013 in Child Custody | 1 comment

Nevada child custody cases are often impacted by drug use. It is important for parents to know that the Court may order a drug test at any point during a child custody case. This article is to discuss how the Court deals with drug use in family law related matters.

You may lose your Nevada child custody case if you test positive for drugs

Nevada child custody law is based on the best interests of the child or children. When deciding what is in a child’s best interests, one of the factors the Court will consider is the stability of each parent. The more stable a parent, the more likely that parent is to gain custody. Clark County Family Courts take a strict view on drug use and will typically not consider a parent suitable for even joint physical custody if there is an issue with drugs. So in addition to the fact that drug use by a parent is not in the child’s interests to begin with, parents should consider their custodial rights when making the decision to use illegal drugs.

It is also important to understand that the Courts can order a drug test at any time during a child custody proceeding. There are instances where a parent will be subjected to drug tests early in a case and then believe, that because they pass the test, that they will not be drug tested later in the case. This is simply incorrect. The Court can order drug tests at any time if it has a reason to believe that a parent is using illegal narcotics. In some instances, the Court may even order testing in the middle of a trial. It is important that you be aware of these facts if you are involved in a child custody dispute. These are issues which I discuss further in this video:

How to proceed in a Nevada child custody matter if the other parent is using illegal narcotics

If you are involved in a Nevada child custody dispute, and you believe that the other parent is using illegal narcotics, then you should retain an attorney immediately. Often a lawyer will be able to gain an expedited hearing from the Court that will require drug testing. This allows for the results to be obtained before the other parent has an opportunity to detoxify for appearances sake in a legal dispute.

Contact our office today if you are involved in a child custody dispute involving drug use.

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    1 Comment

  1. I believe that it is best and just to have a drug test because what they are ensuring is for the safety and the welfare of the child. A child should not be given to people whom the court is uncertain of their capabilities to take care of the child.

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