Child Custody and Drug Testing Attorneys in New Jersey

Learn About Your Rights Regarding Drug Tests and How a Custody Lawyer Can Help You in Verona, Ringwood, Wyckoff, and Woodland Park NJ

Drug Testing in Child Custody Cases in New JerseyIn New Jersey, courts hold the best interests of all children involved in custody hearings as their most important charge. When coming to a custody determination, the courts will thoroughly review the circumstances of each parent or guardian to develop a strong case for the physical and legal custodial order they give. Ideally, a child will spend equal time with both parents, as studies show that spending ample time with both parents is supportive to the socio-emotional development of children. In some cases, however, it is not in the child’s best interest to spend extensive or unsupervised time with a parent. One such example is if the parent abuses alcohol or drugs. If you are concerned that your child’s co-parent is abusing drugs and is a poor or dangerous influence on your child, contact a member of our team of experienced child custody attorneys at The Montanari Law Group to learn what immediate next steps we can help you take to protect your child’s wellbeing.

It’s important to look for the advice of a qualified attorney if you have concerns about drug testing in child custody proceedings, including if you are asked to take a drug test and need to protect your rights in the process. The Montanari Law Group‘s legal team is equipped with the knowledge and experience you need to support you during this trying time and advocate for your and your child’s best interests in Glen Ridge, Newark, Fort Lee, Montvale, Caldwell, Wayne, Clifton, and throughout New Jersey. Call us right away at 973-233-4396 to set up an initial no cost consultation.

Circumstances Where Drug Testing is Required

Child custody is a privilege, not a right; in order to retain it, one must prove that their influence in the child’s life is positive, safe, and in the child’s best interests. When a parent, guardian, teacher, or mentor suspects that a child’s parent is abusing drugs, that parent may be subjected to a drug test in order to retain their custody privileges.

Filing a Request for a Drug Test in Family Court

The New Jersey Superior Court: Family Part orders a drug test. However, in order for a drug test to be ordered, a motion must be filed with the court, which is followed up by a hearing in which both sides are given an opportunity to argue their side. Drug tests are not issued haphazardly; only if there is ample evidence of drug abuse and its proximity to the child or if the accused has a criminal record will a drug test likely be ordered.

Importance of Evidence Before Drug Testing

Drug testing is not often used in family court unless one or both parents show evidence of past or present drug or alcohol abuse, criminal activity, or domestic violence. In custody cases, the court’s prerogative is to give the child an opportunity to spend as much time with both parents as is safely possible, and in the absence of evidence suggesting that such time would be dangerous for the child, no measures will be taken to block that parenting time. However, if there is hard evidence to suggest that one or both parents has a drug problem or is involved with someone whose proximity to the child’s life is a threat as such, the court may, upon reviewing this evidence, order a drug test. Depending on the results, the court may amend the custody agreement. Claiming drug or alcohol abuse, however, is a serious allegation, and if the parent passes the drug test, the court may be less likely to receive future motions.

Common Types of Drug Tests in New Jersey

Common drug tests include urine testing, blood testing, and hair follicle testing.

Child Custody Attorneys Handling Drug Testing in Passaic County, NJPossible Actions Following a Positive Drug Test

If a legal guardian fails a drug test, the court may remove the child from their custody, depending on the circumstances and results of the drug test. Our legal team will help you file a motion to change the custody arrangement based on the results of your co-parent’s drug test or defend your right to custody if your drug test comes back positive.

Speak with Skilled New Jersey Child Custody Lawyers in Passaic, NJ

When it comes to child custody, there are no measures too great to ensure that your child is in safe and healthy hands. Whether you believe your co-parent is abusing drugs or alcohol and placing your child in danger as such, or if your co-parent has accused you of drug abuse and filed a motion with the Family Court for a drug test, you need experienced legal counsel on your side. Additionally, if you have been summoned to court to face a drug test request, you need aggressive defense counsel to protect and preserve your custody and visitation rights.

Our team of lawyers at The Montanari Law Group has years of experience protecting the best interests of New Jersey children and supporting their parents in challenging and stressful custody disputes in West Orange, Paramus, Millburn, Kearny, Montclair, or other Passaic County and Northern New Jersey. Contact us today at 973-233-4396 or send us a message regarding your case.


To speak with one of our highly knowledgeable attorneys, contact us today at (973)-233-4396 or toll-free at (888)-877-7985. You can also complete the form below to begin your conversation. We are a personalized, boutique-style law firm that offers free initial consultations and flexible appointment options.