Requesting a Drug Test During Your Pasadena Divorce


If you have reason to belief that your ex is abusing drugs, you can request a drug test during your Pasadena divorce. California is a no-fault divorce state, but drug abuse is relevant in a child custody dispute. If your ex fails a drug test, you may be able to limit visitation or obtain sole custody if there is other evidence that your ex's drug problem has a negative impact on his or her parenting skills.

A basic drug test screens for the use of amphetamines, cannabinoids, cocaine, opiates, and PCP. Extended testing can detect the presence of barbiturates, benzodiazepines, ethanol, hallucinogens, and inhalants.

There are two methods of drug testing: urine tests and hair follicle tests. Urine testing is more common, but hair follicle testing is more accurate because traces of drugs can be detected for a longer period time with this method. However, California courts have determined that parties have to agree to hair follicle testing. Urine testing can be ordered over the objection of one or both parties.

If you request a drug test for your spouse, don't be surprised if you're required to submit to a test as well. Test results for both parties are confidential. They are only to be used for the purpose of the specified family law proceeding.

A parent who has lost custody or visitation rights due to drug abuse can request a modification or reversal of the judge's decision if they can show that they've made efforts to get clean. This might include successful completion of a rehab program, maintaining steady employment, and being willing to pass regular drug tests before visits with the children.

If you are concerned about the effect of your ex's drug use on your children, an experienced family attorney can guide you through the process of requesting a drug test for use during your case.

How Can We Help?

Please call our office at (626) 683-8113 or email us at if you have questions about your ex's drug use and your child custody dispute. Our Pasadena family law attorneys are eager to advocate for the best interests of both you and your child.