Question asked on August 21, 2018

Q: A friend’s ex is attempting to gain custody of their son, he claims the mother and her boyfriend are using methamphetamine and Heroin. The boyfriend’s test came back clean, but the mother tested positive for meth. They are due in court in about 30 minutes to continue this custody hearing, what will likely happen now and how could this affect the boyfriend since he and the mother also have a child together?

A: While judges differ in their responses to positive drug test results, and much depends on the history of the case and prior orders entered, a common response would be mandatory testing for some time going forward and a warning that continued illegal drug use could constitute grounds for a loss of custody.  If a report is made to Child Protective Services, and the mother’s drug use is found to constitute a basis for finding abuse or neglect of the other child, that child could be removed from the home as well.