June 5, 2008 By Wallin & Klarich

It is not uncommon for parties in a family law case to allege drug use and drug abuse against the other parent in custody disputes. The most common methods used today to determine if someone is “dirty” or has used illegal drugs recently is the use of the hair follicle test and the urine test.

The hair follicle drug test can trace the use of illegal drugs over the past several months, while the urine drug test can detect only certain illegal substances and can only be traceable back to several weeks. Presently, the family law courts are mandated by Federal Mandatory Guidelines when it comes to ordering testing for illegal substances.

In other words, the courts have to use the least intrusive method of drug testing which is presently the urine drug test. The courts can still order a hair follicle drug test so long as that individual voluntarily agrees to it. Beware, some courts will actually use a refusal to drug test by hair follicle against that party refusing it, among other factors such as a past criminal record for illegal drug use.

A “dirty” test by itself does not automatically mean that you lose custody and/or visitation rights of your children. There are other relevant factors that the court has to determine when making custody and visitation orders.

Having an experienced and knowledgeable family law attorney from Wallin & Klarich will make the difference when it comes down to disputes in custody or any other issues in family law. Call us or visit us at www.wkfamily.com We will be there when you call.

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