Drug use can directly affect the outcome of a custody case in Louisiana. If you’re worried that your child’s other parent is using drugs, you may be able to ask the court for drug testing. Understanding how to request a drug test in your child custody case can help you protect your child’s well-being and build a stronger case.
Drug Testing in Louisiana Custody Cases
Louisiana courts prioritize the best interests of the child. Under Louisiana Revised Statutes §9:331.1, the court may order drug testing if there’s good cause to believe a parent’s substance use could harm the child or interfere with custody or visitation.
Good cause usually means the court needs evidence or a reason to believe drug use is happening. This might include prior arrests, failed drug tests, erratic behavior, or eyewitness testimony.
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When Can You Request a Drug Test?
You can request a drug test at any stage of a custody case.
This may include:
- During an initial custody proceeding
- As part of a custody modification request
- During a dispute over visitation rights
You may need to file a motion with the court explaining why the test is necessary. The judge will then decide whether to grant the request based on available evidence and how the alleged drug use could affect the child.
How to Make the Request
To request a drug test in your child custody case, follow these basic steps:
- Gather evidence: Start by collecting any proof that suggests drug use. This could be text messages, social media posts, criminal records, or witness statements.
- File a motion: Ask your attorney to file a motion for drug testing with the court. If you don’t have a lawyer, you’ll need to file the motion yourself and follow your district court’s rules.
- Explain why testing is necessary: Be specific about how the other parent’s drug use could harm the child or interfere with safe visitation.
- Request specific testing methods: Urine tests are standard, but you may also request hair follicle or blood tests depending on your concerns and how far back you want to test.
Once the request is filed, the judge may schedule a hearing to review the motion and decide whether testing is appropriate.
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What Happens if the Test Is Positive?
A failed drug test can influence custody and visitation decisions.
Courts may:
- Limit the parent’s custody or visitation rights
- Order supervised visitation only
- Require drug counseling or treatment before allowing unsupervised time
- Revisit the custody order after a period of sobriety
Judges can also issue temporary emergency orders to protect the child if drug use poses an immediate risk. However, not all failed tests automatically result in loss of custody. Courts consider context, treatment efforts, and how the drug use affects parenting.
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What Happens if the Parent Refuses Testing?
Refusing a drug test can also impact a custody case. If a parent refuses court-ordered testing without a valid reason, the judge may assume the test would have been positive. This can work against that parent when the court is making custody decisions.
Louisiana courts can treat a refusal as evidence of misconduct under Civil Code Article 1036, which covers parental behavior that may justify changes in custody.
Will You Have to Take a Drug Test Too?
Possibly. Courts usually want to make sure both parents are fit. If you accuse the other parent of drug use, the court may require you to take a test as well. This ensures fairness and removes any doubt about your own fitness.
Drug Testing and the Best Interests of the Child
Louisiana family courts always base decisions on the best interests of the child. Drug use is a major factor in this analysis, but it’s not the only one.
Courts look at:
- The mental and physical health of each parent
- Each parent’s ability to provide a stable environment
- The relationship between the child and each parent
- Any history of abuse, neglect, or substance misuse
If you believe drug use is putting your child at risk, requesting a test may be one of the strongest tools available in your custody case.
Reach Out to Our Law Office for Further Assistance
If you need to know how to request a drug test in your child custody case, start with the right evidence and follow Louisiana’s court procedures carefully. The court must see a clear connection between drug use and the child’s well-being before ordering testing. But if granted, the results can play a significant role in protecting your child’s safety and shaping the outcome of your case.
If you’re in a child custody battle, the Shreveport child custody attorney at Knight Law Firm can help fight for your rights. Contact us today for an initial consultation.
Contact the Louisiana Family Law Attorney at Knight Law Firm for Help Today
Contact our family lawyers at Knight Law Firm for a consultation. We proudly serve Shreveport, Monroe, Ruston, and the surrounding areas of North Louisiana.
Knight Law Firm – Shreveport Office
401 Market Street Suite 1006
Shreveport, LA 71101
(318) 569-8469
Knight Law Firm – Ruston Office
111 Kilgore Rd
Ruston, LA 71270
(318) 722-8919
Knight Law Firm – Monroe Office
1896 Hudson Cir N #1
Monroe, LA 71201
(318) 323-2213
Call or text 318-323-2213 or complete a Case Evaluation form
