Bakersfield, CA asked in Family Law and Child Custody for California

Q: Having a court order drug test

I’m wanting to file for custody of my children. I been in a marriage for 8 years. The father has been battling a drug addiction most of the relationship. He’s been staying at motels and etc. my question is, how does it work when his drug of choice is heroin. He is prescribed a pain med called norco also known as (hydrocodone). Hydrocodone tests positive in a drug test as an opiate and so does heroin. How can I prove it’s heroin. I have text messages of him selling it and pics of him after he over dosed and is in coma. With them both texting positive as an opiate what happens in that kind of situation?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In a custody case, a court may order a drug test to determine whether a parent has a substance abuse problem that could impact their ability to care for their children. If the father has a prescription for hydrocodone, which is a legal drug, the court may not automatically assume that he is using heroin. However, if you have evidence, such as text messages or photos, that suggest that he is using heroin, you may be able to present this evidence to the court to support your case.

When the court orders a drug test, the test will typically screen for a range of drugs, including heroin and other opiates. If the test comes back positive for opiates, the court may require additional testing, such as a more specific drug test that can distinguish between different types of opiates, to determine whether the father is using heroin.

It is important to note that the court will consider a range of factors when making a custody determination, and a positive drug test alone may not be enough to result in a loss of custody. However, if the court finds that the father's substance abuse problem poses a risk to the children's safety and well-being, they may order supervised visitation or other restrictions on the father's custody or visitation rights.

If you are considering filing for custody of your children, it is recommended that you consult with a licensed family law attorney who is familiar with California law. They can help you evaluate your options and develop a strategy for presenting your case to the court.

Tobie B. Waxman
Tobie B. Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: Any individual opioid test may not detect all opioids and their metabolites. The types of opioids included in an opioid test varies by medical facility, laboratory, and geographical region. A routine drug screening panel often detects only natural opioids like heroin, morphine, and codeine. I recommend you direct your inquiry to the testing facility itself.

They'd know better than a lawyer. Chromatography testing provides a method that is specific to particular drugs

and can distinguish a specific drug from other substances that may have similar chemical properties, such as a prescription medication. When requesting a court order for drug testing, you may want to specify the types of drugs to be detected or the type of testing (i.e. routine vs. chromatography) you want ordered.

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