Question About Drug Use
If the person comes up positive for Marijuana in a child custody, will they take the child away? Even if the person has sole physical custody of the son (2 years old), and always have been since day one and the father all the sudden wants to come back in his life and take it to court to get full custody.
If the complaint is filed by the father, the district court will need to hold a hearing. This will determine what is in the child’s best interests. Drug use will be an important factor because the court needs to determine whether the child is safe with you. However, there is a presumption that it is in the child’s best interest to continue an established custodial relationship.
If you already have a court order of custody and the father wants to change that, he will have to show immediate and irreparable harm. I recommend that you pay for UA tests to be done every three days for THC starting immediately so that you can demonstrate that Marijuana is not in your system and that you are not currently using drugs. When a court date is set several weeks down the road, you will have evidence that you are off drugs. For information about what you should include in your custody order, click on the link “Custody Order” below.