Will I lose custody if I fail a drug test?

Will I lose custody if I fail a drug test?

If you fail the drug test, it’s likely the judge won’t give you the same rights as a parent who tested negative for any of these substances. This often includes severely limiting the amount of time you have with your child, often requiring supervision of some form in order to protect the child.

What to do if you suspect your ex is doing drugs?

Ask the court to investigate If you know or suspect your ex has been doing drugs, ask the court for drug testing. A failed drug test is a condemning piece of evidence. If available in your state, you can also request a custody evaluation so an impartial mental health professional can take a closer look at the case.

Can I make my child’s father take a drug test?

The court will not demand drug and alcohol testing under normal circumstances. Generally, one of the parents must request it; however, the court will not grant the request unless the requesting parent can offer evidence of the other parent’s substance abuse problem.

What happens if you fail a drug test for CPS in Texas?

If you test positive, the CPS caseworker will ask you to voluntarily sign a safety plan that places your children with another friend or relative. If you refuse, they will likely, but not always, file a suit and state the basis to remove the child is neglectful supervision.

What happens when CPS removes a child from the home?

Typically, children who have been removed from their home are put in the care of a relative or appropriate guardian, or foster care. Within two days of the removal, the court holds a detention hearing to determine if the child should be returned to the parent or remain in an alternate location.

Do I have to take a drug test for CPS in Texas?

The caseworker requires a parent or caregiver to be drug tested within 48 hours of a child safety threat that the caseworker believes is related to substance use.

What are my rights with CPS in Texas?

First, you have the right to show CPS that you can keep your children safe! You also have the right to speak with a lawyer at any point in the investigation. You will not be given a free court-appointed lawyer at the investigation stage, but you always have the right to hire your own lawyer.

How long does a CPS investigation take in Texas?

30 days

How long does a CPS case stay open in Texas?

How long will the case stay open? If CPS files a court case, you have only 12 months to show the court that your children can be safely returned to you. Safety Plans and Family Based Safety Services can be from 60 – 90 days or longer, depending on what is needed.

How do you know if CPS is investigating you?

Another way you may find out you are being investigated by CPS is if CPS comes to your door, unannounced. If you are not home, they will leave a business card and they will ask you to please return their call. They won’t tell you why they want to talk to you.

How long does it take for social services to close a case?

The Court now expects most cases to be finished in 26 weeks or less. This means that the window of time for parents and grandparents to make the right choices so that they will succeed is very small.

What to do if someone makes false accusations to CPS?

If you’ve been falsely accused of child abuse, contact me immediately to begin defending yourself or call

What happens if you break a child court order?

(Broken court orders) A court order is legally binding. Failure to comply with the court order amounts to contempt of court and a person can, as a last resort, be committed to prison for contempt. A parent cannot be held in contempt though simply for failing to take up the contact given.

What are the consequences of breaching a court order?

An individual will be in contempt of court if they interfere with the administration of justice. Deliberately breaching a court order may be in contempt of court. Sanctions for contempt of court include: Imprisonment.