Skip to Content
Diggs & Sadler Diggs & Sadler
Schedule a Consultation 713-766-5355
Top

Can the divorce court order a parent to take a drug test?

Yes, the divorce court can order a drug test, and in fact, the divorce court, the judge has the opportunity to order that drug test what we call instant or instantly when people are in the courtroom, you can request it. One party can request the other party to be drug tested. The court can order it on its own motion, or the court can do it as a result of a request by, say, an amicus attorney on behalf of the children. A party who makes a request for a drug test should be aware that the courts generally require both parties to be drug tested. So if there's any question that you might not pass a drug test, you want to think carefully before you actually ask the court to order a drug test of your spouse.

The court orders drug test based on nail, hair, urine in order to determine exactly the degree of drug use that's been involved and with regard to the effect of the drug test if children are involved, it can have a significant effect on whether or not you receive custody or your visitation. And if there are no children in the marriage, then it has less of an effect.