How to Get Your Spouse Drug-Tested for Custody

Divorce is generally tough on all people involved.

It is possible for a couple to get divorced civilly and with little or no conflict. However, this is not always a realistic possibility. For example, if you have children with your spouse and you suspect that your spouse is taking drugs, then you probably want to make sure that you get custody of your children. One thing that you can do is get your spouse drug-tested. If your spouse tests positive, then you have a much better chance of getting full custody of your children.

Instructions

1. Go to the court where your divorce was filed.

2. Request to file a motion to have your spouse drug-tested as part of the divorce proceedings.

3. Gather any evidence you can that your spouse is using drugs. For example, voicemails, letters, prior drug convictions or other documentation that allude to drug use can be helpful. You might also have physical evidence still in the living space you shared with your spouse, such as drug paraphernalia.

4. Talk with mutual friends or people who might know of your spouse's drug use. Finding a witness to testify that your spouse is a drug user can help you get a motion to have your spouse drug-tested.

5. Present your evidence to the judge at your first court date. Explain that you have filed a motion to have your spouse drug-tested based on your suspicion of drug use.

6. Request that the judge hear testimony from any witnesses you have brought with you. After seeing the evidence and listening to witness testimonies, the judge may grant the motion to have your spouse drug-tested.

Tips & Warnings

• If you have legal representation for your divorce proceedings, then your attorney can help you file the motion to get your spouse drug-tested and gather any evidence to be used in court.

• Your spouse or the judge can also request that you be tested for drugs.

References

• Legal Match: Divorce and Drug Testing Laws