Tuesday, June 22, 2010

Is a drug test required during a custody battle in Alabama?

If so then would it be a urine test or hair follicle?



Do they only test at the request of a judge or can either party request it?



If you have a prescription for lortab, is that bad if it shows up on test day? I have had a legitimate prescription for about 1 1/2 years and would like to know if the courts would see that as a bad thing even though I need them and I get them legally.



The reason I wanted to know about the hair follicle is because I smoked marijuana about 2 months ago. I know I screwed up. Seemed harmless at the time. Any info is greatly appreciated. Thank you.



Is a drug test required during a custody battle in Alabama?

Is a drug test required during a custody battle in Alabama?



***Drug tests are not required or performed in a custody case unless there are allegations of drug abuse by either parent. ****



If so then would it be a urine test or hair follicle?



****The answer to this question depends on the judge. For drugs, the test will generally be a hair follicle test, but it just depends upon the judge and the court and the resources of the parties.



Do they only test at the request of a judge or can either party request it?



****Either party can do a Motion For A Drug Test and it is within the judge's discretion to order it.



If you have a prescription for lortab, is that bad if it shows up on test day? I have had a legitimate prescription for about 1 1/2 years and would like to know if the courts would see that as a bad thing even though I need them and I get them legally.



***The drug testers will ask you what drugs you are taking. If you have a legitimate prescription for Lortab due to pain, then the test results will not be held against you. If the Lortab prescription is bogus, however, the drug test results will be held against you and will be one of the factors the court uses to determine whether or not you should get custody or supervised visitation.



The reason I wanted to know about the hair follicle is because I smoked marijuana about 2 months ago. I know I screwed up. Seemed harmless at the time. Any info is greatly appreciated. Thank you.



****Usually, the test for marijuana only shows if the marijuana was smoked within the last 30 days. In any case, if drug use is an issue and your test is positive, it could adversely affect your position in the custody case.



Is a drug test required during a custody battle in Alabama?

Generally it's not required. But if the mother of the children brings up the issue of drug issue. The judge may require it. You probably won't get into any legal trouble, as in fine or arrest, but it may hurt your chances with gaining custody of your kids if you drop dirty.



If you have a prescription for something, that is fine. If they issue a drug test, just bring in the prescription and explain the circumstances and you will be fine.



Most courts don't require a hair follicle test, they are fairly expensive. Urine test is pretty much the standard.



2 months since last marijuana use, you should be fine either way.



As for drug use in general. You have kids, you are fighting for your kids. Knock it off. No matter what you feel about marijuana, you made the choice to have kids. They don't need to be knowing that daddy smokes weed (believe me, kids know).



Is a drug test required during a custody battle in Alabama?

Whether or not you get the narcotics legally... I think it looks bad that you have been on them for a year and a half. If you are in a situation that you have that much pain then they might see you less able to care for a child(ren) because of your condition.



Either way, I think that is wayyy to long to be taking an addictive medication!!

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