Drug use plays a roll in custody decisions and parental rights in the United States and Georgia is no exception. Judges understand how devastating drug addiction is, but they do not base their decision solely on the use of illegal drugs.
When drug use is alleged, both parents will generally be required to undergo drug testing, usually in the day of court. A positive result may result in an award of custody to the clean/sober parent or could possibly result in just a warning from the judge depending on the drug being used and the result of the levels in his or her system.
First and foremost, courts are concerned with the best interest of the children. Judges will never condone the use of illegal drugs. Although it is not common, a judge may determine that it is not a threat to the children’s safety and award custody to a parent who is actively using drugs or who has a history of drug use. The judge will look at the whole picture and make their decision based upon the needs of the children.
Please note, if you are actively using recreational drugs, you are running the risk of losing all custody rights to your children. Please contact Dreyer Law today so we can advise you on the best programs to kick your drug use. Dreyer Law offers free consultations for divorces, child custody suits, and adoptions.