How to File a Motion for Drug Testing Against a Drug Addicted Parent

Drug testing motions are common in a child custody case where one parent knows or suspects the other parent is abusing drugs. The process involves filing a motion for drug testing through a formal Request for Order legal process.

Documents Required for Filing a Drug Testing Motion

To file a motion for drug testing, you will need at least the following documents:

• FL-300: This is the Request for Order form.
• Declaration: A declaration based on personal knowledge and admissible evidence that outlines the facts supporting your request.

A motion for drug testing requires you to demonstrate that the other parent has a habitual or continual illegal use of controlled substances or habitual abuse of prescribed controlled substances. Supporting evidence is critical.

Exhibits to Support Your Motion for Drug Testing

Exhibits strengthen your motion and may include:

• Photographs
• Text messages or emails
• Medical records
• Records of criminal proceedings related to drug abuse
• Attendance records from rehab facilities

Some of this evidence might implicate privacy rights. Consult an experienced family attorney to ensure compliance with privacy laws and rules of evidence.

Exhibits are not mandatory. In some cases, testimony alone may suffice, depending on the severity and details of the alleged drug abuse.

Filing a Motion That Includes Custody or Parenting Time Requests

If your motion includes custody or parenting time requests, additional forms or a more comprehensive declaration may be required. A family law attorney can guide you through this process.

What if the Drug Testing Motion is an Emergency?

Courts typically do not address drug testing motions on an emergency application (also called an ex-parte application). However, if there is a potential threat of imminent harm to a child, it may be appropriate to request emergency orders.

In such cases, do not delay filing the motion. Protecting the child is the highest priority.

Type and Duration of Drug Testing to Request

The specifics of drug testing depend on the situation:

• For severe drug abuse, the parent should be required to report for testing within a short timeframe (typically 4 hours or less).
• Testing provisions should include language that counts failure to test or a diluted test as a positive result.

In extreme cases, a positive test may result in a suspension of parenting time until the court can issue further orders.

What Happens After Filing the Motion?

Once filed, the court will schedule a hearing. The hearing date is typically set 1 to 3 months, depending on the court's schedule.

You must serve the other parent with the motion. The service method (e.g., personal, mail, or electronic) will depend on the case's status. Consult a family law attorney for guidance.

Can the Other Parent Respond to the Motion?

Yes. The other parent can file and serve a response. Their response may include:

• Form FL-320: Responsive Declaration
• A declaration
• Exhibits and potentially witness declarations

Be prepared for a contested hearing, as the other parent will likely dispute the allegations.

What Happens at the Hearing?

At the hearing, the judge will:

• Hear from the parties and witnesses
• Determine what evidence is admissible
• Decide whether to order drug testing

If the judge finds evidence of habitual or continual drug abuse, they have the discretion to order drug testing. The type and frequency of testing will depend on the severity of the abuse.

Why Filing a Motion for Drug Testing is Important

Drug-abusing parents often deny their addiction or claim sobriety when they haven't achieved it. Regular and random drug testing is vital for protecting the children's safety.

Court-ordered testing serves as a deterrent, especially when combined with well-crafted orders that:

• Limit custody time (e.g., no overnights or supervised visitation)
• Require regular compliance with drug testing

Do You Need Help With a Child Custody Case?

If you believe a motion for drug testing is necessary in your child custody case, contact our experienced family law firm. We offer:

• Affordable initial strategy sessions
• Offices in Los Angeles, Orange County, and San Diego

Let us help you protect your children and navigate the complexities of family law.