Jeff McAdams' Divorce Survival Tips
11-29-10

Have your attorney petition the Court for special testing…

Substance abuse must be a consideration in determining who gets custody of children. If your spouse has a history of drug abuse, your lawyer can ask the judge to order a test on hair or fingernails for illegal substances. But if you do go this route, both you and your spouse will probably have to take the tests. If substance abuse is detected, the Court will usually require at least a treatment program, and maybe professional supervision during visitations. In addition, if your husband or wife comes up clean, you may lose credibility with the judge. If you have used drugs, it may be better to own up to it. Otherwise, if the Court finds out it will appear as if you attempted to conceal it. This makes you look dishonest and does more damage to your interests. It’s smarter to alert your lawyer so that appropriate strategies can be carefully planned.

Please Note: Every McAdams Law Divorce Survival Tip is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Divorce attorney about your situation. Please see more details here.

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