In many Arizona child custody and divorce cases that I handle, there are allegations made against one parent of drug and alcohol abuse. Typically, when an allegation is made, the Judge is going to order the suspected party to immediately submit to a hair follicle or urinalysis test. The initial cost is incurred by the suspected party, but if the test comes up negative than the alleging party will have to reimburse the other parent for the cost.
If the drug test comes back positive, it almost always will result in that parent losing custody of their child(ren) and having his/her parenting time be supervised. Additionally, that parent will be subject to random drug testing until such time as he/she goes six months without having a positive result from a test.
A.R.S. 25-403 states that in determining custody the Court shall consider what is in the best interest of the child(ren). One of the factors is the mental and physical health of the individual, of which drug/alcohol abuse will play a factor.
Additonally, A.R.S. 25-403.04 states that if a parent has been convicted of a drug offense within the last 12 months that it is presumed that sole or joint custody should not be granted to that parent.
Lastly, A.R.S. 25-410(B) states that the Court may order supervised visitation if it finds that a child's physical health would be endangered by having unsupervised parenting time with a parent.
Clearly, if there was ever an impetus to seek help for drug and alcohol abuse, the prospect of losing custody of your children and having your time with them be supervised should provide such impetus. Sadly however, this has not been my experience.
Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com
There is much bothered thing for society. More and more children are involved with drugs and alcohol like bad dangerous addiction.
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