CALIFORNIA FAMILY LAW
...Custody and Visitation
......Factors Considered in Cust./Visit. Award
.........Abuse of Alcohol or Drugs
6 Cards On This Topic:

Drug or alcohol testing may be ordered in custody or visitation disputes.

In making custody award, court should consider habitual or continual illegal use of controlled substances or alcohol by either parent.

Fam. ct. did not violate FC 3041.5 by requiring mother to submit to drug testing indefinitely as visitation condition and ordering that a positive drug test would trigger a return to the schedule imposed by the juv. ct.'s Exit Order.

As FC 3041.5 (a) requires court-ordered drug testing to conform to fed. drug testing procedures and standards, which at present only allow for urine tests, court erred in ordering hair follicle testing.

Fam. Code §3011 (d), devoid of any substantive or procedural safeguards, does not authorize court-ordered drug testing.

Abuse of alcohol in custody determinations.