Drug and Alcohol Testing Associated With Divorce

Drug and alcohol abuse have a significant impact on child custody and visitation decisions. At Lonich & Patton, LLP in San Jose, California, we extensive experience in representing men and women dealing with substance abuse allegations related to a divorce.

Use of Drugs, Alcohol Abuse and Child Custody

In making a determination of what is in the best interest of the child, courts carefully scrutinize any allegations of drug and alcohol abuse. In many situations, substance abuse is real. In others, allegations are made to further someone's position in a divorce dispute. Prior to considering allegations of drug and alcohol abuse, the courts will require independent corroboration of the problem.

When a client informs us that a claim of substance abuse may be an issue in a divorce, we recommend heading off the issue with a preemptive drug test or alcohol test. If we are representing a client who suspects the drug and alcohol abuse, we work with the courts to obtain written reports from law enforcement agencies, courts, medical facilities and rehabilitation facilities providing drug and alcohol abuse services.

We use our extensive litigation experience to develop effective strategies for securing physical custody of any children and, when necessary, supervised visitation for the noncustodial parent. In cases where substance abuse is a real problem, judges may issue orders that drug tests and alcohol tests must be performed prior to any unsupervised visits with a minor child.

Contact Our San Jose Lawyers

If you have any questions about substance abuse, drug testing or alcohol testing related to child custody, please contact Lonich & Patton, LLP for a free initial consultation. Our attorneys can be reached by phone at (408) 553-0801 or through the intake form on our Contact Us page.