Are you in the middle of a child custody case and you believe that substance abuse could be a factor? My name is Carl Burkhead. I’m a family attorney in Tulsa, Oklahoma, and I’d like to talk with you about how substance abuse can impact your case. I’m not going to get into it too much with illegal substances, you know, meth, heroin, things like that. Obviously, if you’re using any sort of illegal or illicit narcotics, it’s not going to go well for a custody case or any case for that matter. So I want to focus more on using legal or permissible substances, such as alcohol, or medical marijuana has been a big thing that comes up recently, or maybe even prescription medication. I’ve been doing this for about seven years now, and substance abuse comes up more than just about anything else. You know, dad’s drinking too much, mom’s on the pills, whatever the case may be. I’ve had plenty of cases where parents want to fight out about, you know, I want drug tests on both sides, or whatever the case may be. So I’m going to talk with you a little bit about how I’ve seen courts handle alcohol use or things like that, and then maybe a little bit also about filing a motion for drug testing. I’ve come across this a lot recently, especially with medical marijuana becoming more prevalent. A lot of courts are starting to treat it as if, you know, kind of like alcohol. You’ve got the card and you’re going to do it, don’t use it to a point that it impairs your ability to parent the kids. You know, if you’re out at a cookout having a beer while the kids are out playing, no big deal. You know, taking a hit on a dad pants, typically with a similar situation. Don’t get drunk. Don’t get so high that you can’t function. But more often than not, courts aren’t going to be too nuts about that as long as it’s being done responsibly. I know it sounds like a cheesy commercial, but if you’re going to use, use responsibly. Obviously, the best choice is just to not use at all whenever your kids are around. That’s something that I advise all of my clients, first and foremost. But given that we live in a real world, it just comes down to do not allow it to be something that affects your ability to parent your children. Don’t be so high that you can’t function. Don’t, really honestly, if you’re going to try to use marijuana while you’re around the kids, maybe just hit a dad pant and that’s it. If you’re going to drink, if you’re going to have a beer, that’s fine. Don’t get, let’s black out drunk and try to say, oh yeah, I’m a great parent while I’m doing it. Essentially, moderation is the best course of action. And then it just comes down to a case by case basis and how the judge views your behavior after you’ve been, you know, somewhat intoxicated. If you feel like the parent, the parent in your case is using, you know, overusing legal drugs or using illegal narcotics, you can always ask your attorney to file a motion for drug testing. The courts will usually have the person filing pay for that motion. If the test comes back dirty, then the court will usually order the other side to reimburse that parent for the drug testing motion in the first place. If you have any questions about this or if you think that this is something that might be beneficial to you in your case, please reach out to us. My name is Karl Burkett. I’m at Worth Law Office and you can find us at MakeLawEasy.com. Thanks.
