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Bouldin Law Firm
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What If I Use Illegal Drugs?

In divorce or custody cases, use of illegal drugs can be grounds for the family court or juvenile court to remove the children from your home or place significant restrictions on your parenting rights.  Generally if drugs are suspected, the Family Court will order the parties to undergo drug testing.  Depending on the county and the specific Judge, if you test positive for illegal substances, your children may be removed. It may begin in court or outside of court with a social worker from CHFS-DSS coming to check on allegations of abuse, dependency or neglect of the children.  If drug use is suspected, they may request that you submit to a drug test.  At this point, you may have the right to refuse the test.  If the Court orders a testyou do not have the right to refuse without subjecting yourself to sanctions for contempt.  YOU SHOULD CONSULT WITH AN ATTORNEY BEFORE SUBMITTING TO OR REFUSING ANY TEST. If you or your spouse end up with a positive test, you will generally be placed on random testing, at intervals which may be monthly, bi-weekly, weekly or multiple times each week.  Generally, you will be responsible for the fees associated with the testing.  Remember: a missed test is counted as a positive failure by most courts.  It is imperative that you submit to testing each time that your number/color is called by the testing organization. Of course, the best position is to NOT use illegal drugs, especially when involved in a CPS investigation or when going through a divorce or custody trial.  Use of the drugs will undoubtedly give the other party the upper hand in reaching a resolution regarding custody and parenting time.  If you are in juvenile court, you may be appointed an attorney to represent your interests or you may hire your own attorney.  In family/divorce/custody court, you are not guaranteed the right to counsel and must hire your own attorney. If you have questions about custody, family court or juvenile court and the use of drugs, contact your attorney. If you do not have an attorney or wish to discuss and retain private counsel, call the Bouldin Law Firm and speak with Michael at 859-581-6453 (581-MIKE) or email at [email protected].

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