Will I Lose Custody If I Fail a Drug Test?

How a Court Ordered Drug Test Can Affect Custody Rights

A huge question in the mind of many struggling with a substance use disorder is: will I lose custody if I fail a drug test? The answer can be a bit complicated, as it depends on why you are being drug tested in the first place and by whom.

If you are having to ask this question, then the truth is you may benefit from reaching out and getting help. Icarus Behavioral Health New Mexico has helped so many get their lives together and regain custody of their children.

I have seen it happen time and time again in treatment programs. Regardless of how many dirty tests have put distance between you and your children, Icarus New Mexico offers a chance to fix the substance abuse problem that is at the root of why you may be failing drug testing and losing custody cases.

Discussing treatment options with the staff at Icarus New Mexico will be the first step to winning your custody case. Keep reading to learn more about drug testing and how it can affect your custody case.

The Different Reasons and Agencies that May Require Drug Testing

Family Courts During a Custody Battle

During a custody battle, the family courts may require the parties to submit to drug testing if there is any suspicion that they may be abusing drugs.

New Mexico family court determines “whether each parent is capable of providing adequate care for the child.” This is the law a judge will use to order a parent to undergo drug testing.

If the drug test results are positive then a judge may determine that the parent is incapable of providing adequate care and take away their custody rights.

A child’s safety is of paramount importance to the court. When there are drugs involved, or even worse a drug addiction involved, a judge must protect the child and give them to a more suitable caretaker.

Drug Testing at the Hospital After Giving Birth

Sometimes, hospitals will test newborn babies for drugs. This is usually if they suspect the mother of using drugs while pregnant. This can lead to a situation in which the mother loses custody of the child. In some states, the mother can even be jailed if their newborn is born with drugs in their system.

In New Mexico, drug testing of newborn babies is not required by law. It is only mandated in four states: Louisiana, Minnesota, North Dakota, and Wisconsin.

However, just because it is not required by law does not mean they don’t do it. Hospitals follow regulations and are mandated to drug test newborns if certain conditions present themselves.

New Mexico’s Testing Regulations on Newborns

According to a New Mexico Legislative Report, conditions that would warrant an immediate drug test are “a history of substance abuse in the pregnancy, preterm labor placental abruption, unexplained neonatal depression, seizures, jitteriness, or possible neonatal abstinence syndrome.”

If one or more of these conditions is met, your baby will be tested for drugs.

The welfare of the baby remains of paramount importance to the hospital staff. If you are pregnant and suffering from a substance abuse disorder, then I would recommend going to treatment. Losing a child to the system will be incredibly difficult to go through.

Remember that getting help is only a phone call away. The future can change based on your actions today. Call Icarus New Mexico and avoid jeopardizing a relationship with your newborn baby by recovering from this disease.

Drug and Alcohol Testing, Detection Times for Alcohol and Drug Use

If you have been mandated to stay away from drugs and alcohol by some legal authority and are worrying about their ability to detect different substances through drug testing, then knowing detection times can be of value.

Getting clean and sober is the only way to guarantee that you will pass drug testing, and trying to cheat the system rarely works.

Marijuana Has One of the Longest Detection Times

In urine, marijuana is detectable for quite some time. It takes anywhere from 3 days for an occasional user to 3 months for a heavy, chronic user. In your hair it is detectable for 3-6 months, and in your saliva and blood for around 24 hours.

The detection time for marijuana depends on the amount being used, the frequency it is being used, metabolism, and the amount you stay hydrated.

Methamphetamine Detection Times

Methamphetamine takes a bit less time to stop being detected in urine, taking an average of 5 to 7 days. This also depends on factors such as hydration, metabolism, and the amount used.

It can take 3 to 6 months to become undetectable in the hair. Detection in the saliva and blood has the shortest window, about 24 hours.

Meth is a terrible drug with side effects that can be life-altering. Please seek help if you are abusing drugs like meth because the consequences will catch up to you eventually.

Cocaine Detection Times

Cocaine, like meth, has a shorter detection time than marijuana in urine. It is usually detectable for up to 5 days but can vary depending on many factors. Hair is also 3 to 6 months, while saliva and blood is about 2 days.

Cocaine is an incredibly dangerous substance. Get a consultation for treatment so that you never have to worry about these detection times again.

Heroin Detection Times

Heroin has almost become a substance of the past as fentanyl has become the primary opiate of abuse among those struggling with an addiction. The dangers of abusing these potent narcotics can not be overstated. People are dying in this opiate epidemic every day from overdose.

It is detectable in urine for 1 to 2 weeks, 3 to 6 months in hair, and about 48 hours in saliva and blood. Do not count on passing tests, as maintaining an opiate addiction and being able to occasionally quit to pass tests has been proven to be nearly impossible.

Opiate withdrawals will all but ensure you cannot stop for the time needed to make sure you can pass drug testing. This is why the importance of a medical detox program like the one at Icarus cannot be overstated.

Failed Drug Tests With Children Involved

There are a few different agencies that can force you to submit to drug testing. If you test positive in New Mexico, these agencies can contact the New Mexico Children, Youth, and Families Department.

The New Mexico Children, Youth, and Families Department

Once the New Mexico Children, Youth, and Families Department opens a case on you, they can mandate you to test directly for them.

This department is designed for child protection, among many other things. If they suspect a child’s caretaker is abusing drugs, then they will force them to submit to drug testing.

If the parent tests positive, they can determine they are unfit to care for their child and take away custody. A parent must open a custody case to win custody of their child. These child custody cases are rarely won if the parent does not complete treatment and prove they have gotten sober.

Probation or Parole Officers Frequently Request Drug Testing

If you are on probation or parole, you know how often drug testing is required. By law, a parent on probation or parole who tests positive for illicit substances is reported to Child Protective Services (CPS). They are then subject to further scrutiny and testing by CPS.

If they decide it is in the child’s best interest to be cared for by someone else, they can compel the parent to give up their child.

Why Drug Testing is Utilized Frequently in Custody Cases

Drug testing is a helpful tool to ensure a child is not going to be in danger of neglect. Evidence has proven time and time again that parents who abuse substances frequently act negligently toward their children.

Being in a situation in which child services gets involved and then failing drug testing will almost inevitably lead to your children being taken away.

The Best Thing You Can Do For Your Child is Get Clean

Substance abuse is a disease, and if you are facing a child custody case, then you would do well in getting treatment for that disease. Failing court-ordered drug testing can lead to life-altering repercussions when you are a parent. Once the child is in the system, it is hard to get them out.

Come to Icarus New Mexico to Treat Your Drug Addiction

Icarus, New Mexico, is a state-of-the-art facility that offers comprehensive treatment for substance abuse disorders and alcohol abuse disorders. Not only will they help you gain tools to combat your drug problem, but they also have staff who are familiar with family law in New Mexico and can help you navigate that system as well.

They have different levels of care specialized to help you have the best chance at recovery. Starting with a detox to help with withdrawal symptoms and then going into inpatient treatment gives you a solid headstart on getting past this challenging disease and hopefully winning your custody case.

If you are tired of the drug use and are willing to get better, give Icarus Behavioral Health New Mexico a call today. Their admissions department will discuss treatment options and find the best that works for your specific situation.

Getting clean gives you the best chance of maintaining legal custody of your children and living a beautiful life with them. Call Icarus New Mexico today.