Child custody cases in Texas often involve deeply personal issues, such as trust, safety, and the well-being of a child. When allegations of substance abuse arise, the court takes them very seriously. Judges must determine whether either parent’s behavior poses a risk to the child’s health or stability. One of the most direct ways to investigate those concerns is through court-ordered drug testing.

Texas courts may order a drug test when there is specific evidence raising concerns about a parent’s sobriety or overall stability. This may include documented behavioral changes, prior drug-related incidents, CPS reports, or other reliable information suggesting that substance use could affect the parent’s ability to safely care for their child.

If you are dealing with child custody matters, look no further than our attorneys at Rojas Law Firm. We can help you understand why a Texas court may order a drug test during a child custody case, what types of tests may be used, and how the results can affect custody outcomes.

Why Drug Testing Matters in Custody Cases

Texas courts base all custody decisions on the best interest of the child. Under Texas Family Code §153.002, this standard guides every ruling, from initial custody arrangements to modifications of existing orders.

When substance abuse is suspected, it directly relates to a parent’s ability to provide a safe, stable, and nurturing environment. A judge may order drug testing if there is credible evidence or strong suspicion that a parent’s drug or alcohol use is impairing their ability to care for their child.

Drug use may affect custody decisions because it can:

• Impair judgment and parenting ability;
• Increase the risk of neglect or unsafe behavior;
• Expose children to illegal substances or criminal environments; and
• Interfere with a parent’s ability to maintain stable employment or housing.

Even recreational drug use may concern the court if it appears to impact parenting or violate a custody agreement.

When Texas Courts Typically Order a Drug Test

Texas judges have broad discretion in determining whether to order drug testing in a custody case. There is no automatic requirement; however, certain situations increase the likelihood of testing.

Allegations of Drug Use or Addiction

If one parent accuses the other of using illegal drugs or abusing prescription medication, the court may require proof through a test. Generally, there must be some evidence, such as erratic behavior, arrests, medical records, or witness testimony, must support the accusation. Courts are unlikely to order testing based solely on vague or unsupported claims.

Evidence of Criminal Behavior or Past Substance Abuse

Prior drug-related arrests, probation conditions, or documented rehab treatment can raise red flags for the court. Even if the issue occurred in the past, a judge may order testing to determine whether the parent has relapsed.

Unexplained Behavioral or Financial Instability

Suppose a parent suddenly exhibits concerning changes, such as missing court dates, failing to exercise visitation, losing employment, or showing erratic mood swings. In that case, the judge may consider drug testing to rule out substance abuse as a factor.

Reports from CPS or Other Professionals

If the Texas Department of Family and Protective Services (DFPS), a guardian ad litem, or another investigator raises concerns about drug use, the court will often act quickly. CPS involvement almost always increases the likelihood of testing.

Voluntary Requests by Either Parent

Sometimes, both parents agree to testing as a precaution or to resolve disputes quickly. A voluntary drug test can demonstrate transparency and good faith, especially if one parent has nothing to hide.

What Types of Drug Tests Are Common in Texas Custody Cases

Courts may order several types of drug tests depending on the situation and how far back they want to review substance use.

• Urinalysis: The most common test, which detects recent drug use, usually within the past few days.
• Hair Follicle Test: Can detect drug use over a longer period, typically up to 90 days.
• Blood Test: Less common but more precise, often used when recent substance use is suspected.
• Saliva Test: Sometimes used for quick results, especially during temporary custody hearings.

Judges can specify the type of test and how it must be administered, often through a court-approved facility to ensure accuracy and prevent tampering.

How Drug Test Results Affect Custody

A single positive drug test does not automatically strip a parent of custody. The court will consider:

• The substance involved (illegal drugs versus prescription medication);
• The frequency and severity of use;
• Whether the parent poses an actual risk to the child; and
• Steps taken toward recovery, such as counseling or treatment programs.

In some cases, a positive test result may lead to temporary supervision or additional testing rather than permanent custody loss. However, repeated failures or ongoing substance abuse can significantly harm a parent’s case.

How a Texas Family Law Attorney Can Help

When substance abuse allegations enter a custody case, the emotional and legal challenges can be overwhelming. An experienced attorney from Rojas Law Firm can help protect your rights, ensure fair testing procedures, and present evidence that reflects your true fitness as a parent. We can also challenge unreliable or improperly handled test results and advocate for appropriate custody arrangements that prioritize your child’s well-being.

At Rojas Law Firm, we understand how deeply these cases affect families. Our team provides dedicated legal representation and compassionate guidance for parents facing sensitive custody issues, including those involving drug testing or allegations of substance abuse.

If you are concerned about how drug testing might affect your custody case, call 210-299-4600 or contact us online to schedule a consultation. We are here to help protect your parental rights and your child’s future.