Child Custody and the Consequences of Drug and Alcohol use of a Parent Under Family Code Section 3041.5

At the Law office of David P Schwarz we have represented many clients Orange County child custody cases who have dealt drug and alcohol problems. Please call our office for consultation at 949 735 9266 or via the web. We can also be reached by email at

A child custody attorney will guide you through the path to gain custody and or visitation rights in the family law superior court. The Court can in any custody or visitation proceeding brought in family law superior court probate court order any person who is seeking custody or visitation undergo testing for the illegal use of controlled substances and the use of alcohol.

Moreover, the Family law or probate court need only see evidence offered to the Court by a preponderance of evidence that there is the habitual, frequent, or continual illegal use of controlled substances or the habitual or continual abuse of alcohol by the parent, legal custodian, person seeking guardianship, or person seeking visitation in a guardianship.

A Child Custody Lawyer will try to have any evidence of a prior conviction within the last five years for the illegal use or possession of a controlled substance thrown out of Court. The however, does have the authority to admit evidence of prior a prior conviction within the last five years.

An Orange County Lawyer will make sure the Court when ordering drug or alcohol testing uses the least intrusive method of testing for the illegal use of controlled substances

If substance abuse testing is ordered by the court, the testing shall be performed in conformance with procedures and standards established by the United States Department of Health and Human Services for drug testing of federal employees.

At the Law Office of David P Schwarz we will vehemently defend against any positive drug test that results from the court ordered testing. We will argue for another test with another professional who may get a different result

A child custody lawyer will defend their client against any positive test result because if the drug test is challenged and if found to be a valid test the custody of the child still be will be undetermined. The Court must look at the best interests of the child weigh all relevant factors to determine child custody. The court shall also consider any reports provided to the court pursuant to the Probate Code.

The results of any drug or alcohol test shall be confidential and held in a sealed envelope by the Probate or Family law court. It will not be released to any person except the court, the parties or the attorneys until completion of any contest against the drug test results have finished.

At the Law Office of David P Schwarz we have defended many clients with issues related to alcohol and drug use. We have a very strong track record in getting them custodial time with their children. Please contact our office at 949 735 9266 or via the web to our office for a consultation. Also we can be contacted by email at for a consultation.

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