What should a custodial parent do if they are concerned about drug use by the non-custodial parent? Allowing visitation, even temporarily, with a person under the influence of narcotics is a dangerous situation. Luckily, parents in Kentucky can move (ask) the Court to help fix the problem.
Properly Articulating Concerns to the Court
If you are concerned, you may file a motion with the Court to have the timesharing with the child supervised. At the hearing, you must articulate your basis for alleging that your co-parent is using illegal substances. If the concerns are so grave that there is a legitimate concern about the parent using illegal substances while caring for or in the presence of your child, then you can also argue your child’s wellbeing is endangered. A persuasive argument would include pointing out that the parent’s conduct is detrimental to your child’s best interests.
Demanding a Drug Test
While you are technically permitted to move (ask) the Court to order the parent undergo drug testing to eliminate cause for concern, it is wise to have more proof than mere speculation. One of the most important things to remember in your custody case is that you will be dealing with the same judge, same clerks and same courtroom staff for many years. You want to maintain credibility and respect in the courtroom. If the Judge were to order a drug test of the other parent and it comes back negative, you may lose credibility with the Court.
So, What Should I Do?
Are you concerned about sending your child to the other parent because of suspected drug abuse? This is a very serious issue that must be handled appropriately. Contact an experienced family law attorney for advice! Call our office at 859-258-2697 for a FREE consultation with a custody attorney about your case.