Going through a custody case is stressful enough on its own. If drug or alcohol testing comes up, it can feel even more overwhelming. This article walks through why courts order testing, how the process works, and what it might mean for your case.
Why Do Courts Order Drug and Alcohol Testing?
Oregon courts make custody decisions based on what is in the best interest of the child. Under ORS 107.137, a parent's lifestyle is not something the court considers on its own. The court only looks at lifestyle factors, including drug or alcohol use, when those factors are causing or could cause emotional or physical harm to a child.
In other words, the question is not whether a parent drinks or has a history of substance use. The question is whether that use is putting a child at risk.
Testing may come up in cases where:
- One parent raises concerns about the other parent's substance use
- There is a history that suggests a child could be at risk of harm
- A judge believes testing is needed to make an informed decision about custody or parenting time
Safety Focused Parenting Plans
In cases where drug or alcohol use is a concern, the Oregon Judicial Department offers a Safety Focused Parenting Plan that can include specific rules about substance use during parenting time. For example, a plan may require that the non-residential parent not consume alcohol within 12 hours before parenting time or not be under the influence of any controlled substance while with the child. These plans are designed to put clear safety guardrails in place when there are real concerns about a parent's substance use.
How Is Testing Ordered?
Drug and alcohol testing can be requested in two ways:
- A parent can file a motion asking the court to order testing
- A judge can order testing on their own if they believe it is necessary
Testing can be part of a temporary parenting plan while a case is ongoing, or it can be built into a final custody or parenting plan.
What Types of Testing Are Used?
Not every drug test is the same. The most common types used in custody cases include:
- Urine tests, which detect most substances used within the past few days
- Hair follicle tests, which can show substance use going back up to 90 days
- EtG (Ethyl Glucuronide) tests, which detect alcohol use even after it has left the bloodstream
One important thing to know: standard 5, 10, and 12-panel drug tests do not catch everything. Substances like kratom, synthetic cannabinoids (sometimes called "spice" or "K2"), LSD, and even fentanyl are often not included unless a specialized test is specifically ordered. If any of these are a concern in your case, it is important to make sure the right kind of test is requested.
What Happens With the Results?
Test results are shared with the court and the parties. A positive result does not automatically mean a parent will lose custody. Courts generally prefer to keep families together when it is safe to do so, and many parents are able to work toward restoring their parenting time through treatment and continued clean tests.
That said, a positive result can lead to:
- Reduced parenting time
- Supervised parenting time
- A requirement to complete a treatment program
- Ongoing or random testing
If a parent refuses a court-ordered test, there can be serious consequences, including loss of parenting time.
If you are doing the right thing for your child, the process is designed to recognize that. Testing is not about catching parents or punishing them. It is about giving the court the information it needs to keep children safe.
We Can Help
Navigating drug and alcohol testing in a custody case can feel confusing and overwhelming. You do not have to figure it out alone. At The Commons Law Center, a licensed Oregon attorney can help you understand your rights, prepare for hearings, and feel confident throughout the process. Legal coaching is an affordable option, and it gives you the tools you need to advocate for yourself and your child.
If you have questions about drug or alcohol testing in your custody case, we are here to help.