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Can My Spouse Get Child Custody in a California Divorce if They Test Positive for Drugs?

Can My Spouse Get Child Custody in a California Divorce if They Test Positive for Drugs?

Every good parent wants to ensure their children are safe and sound. No parent wants their child to be bullied in school, have to put up with unsafe conditions while being watched at daycare, or face a serious injury while on the playground. Although, parents know they can’t just wrap their child in bubble wrap to prevent any sort of harm from happening to them, they still want to do what they can in their power to keep their children as safe as possible.

This is especially true in the middle of a divorce. A parent is bound to want to do something to prevent the other parent from getting custody if they are, in fact, dangerous or could prove to be a bad parent otherwise. One reason you might want to gain full custody over your child(ren) is if your ex or soon-to-be-ex spouse is using drugs, which is completely understandable.

When Courts Will Take Action Against Parental Drug Use

Courts won’t know about a parent’s drug use, that is, unless the topic comes up during a child custody hearing, the courts have strong suspicion that drugs may be involved, if the parent had a criminal past involving drugs. That said, it’s usually up the other parent to bring up the parent’s drug use in court.

Once brought up, the judge will want to verify that the drug use is indeed true and happening at present. They will also be curious to know how the drug use may affect their parenting.

For example, if a parent drinks alcohol on occasion, but it doesn’t impact their ability to parent their child(ren), this will not affect custody. However, if a parent is considered an alcoholic and may become abusive while drinking, drive under the influence while children are in the car, or neglect their child’s needs while drinking, this can most definitely change how custody is distributed between the two parents. In addition, the parent who struggles with alcohol or drug abuse may not be granted visitation rights and have limited communication with their child(ren).

Hire a California Attorney Specializing in Family Law Now.

It’s scary to think that your spouse could potentially endanger your child(ren) if they suffer from a drug or alcohol problem. That’s where legal help comes in. If you happen to be going through a divorce, or already went through a divorce, and want to make sure your children are protected, your next step is to get in touch with a top-rated California Family Law attorney today. Call (909) 920-0908 to speak with Lawyer Torrence L. Howell now.


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My ex-wife hired an attorney which prompted me to do so for our divorce. Torrence Howell was highly recommended from a friend of mine who used Torrence’s services for a divorce just like mine. The results came out much better than he ever thought it would. With all things being equal I felt Torrence would

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