Lawyers Handling Issues of Alcohol and Drug Abuse in the Boston Area
Disputes over child custody and parenting plans are even more contentious and destructive when alcohol or drugs are involved. One parent may allege that the other parent is unfit because of substance abuse and request supervised visitation.
When there have been allegations of alcohol or drug abuse, the court can order drug testing. In most cases the court will require both parties to take a drug test at the expense of the requesting party. Be aware, however, Attorney Irwin M. Pollack advises clients to never request drug testing if you are not reasonably sure that the other party will test positive because the court does not like witch hunts.
Building A Strategy for Proving Drug Abuse
If you believe that your spouse or former spouse is abusing drugs, you should request that the court order random drug testing. Usually, the other party will always agree to random testing because to oppose it would give the appearance that they have something to hide. Failure to comply with any request for testing will likely be considered a "dirty" or positive test.
When requesting drug testing, be aware that there are three types of tests available — blood, urine and hair follicle. Our attorneys consider the hair follicle the most accurate as it can detect drug presence up to a year preceding use.
Proving Alcohol Abuse
Proving alcohol abuse is more difficult. However, if your spouse has a record of drunk driving (OUI), a spotty employment record arising from alcohol abuse, or other behavioral issues that could speak to excessive consumption of alcohol, our state-wide team of experts and investigators will find the evidence that can document the problem.
Preparing Every Case in Anticipation of Trial
From the moment we begin a new case, our lawyers prepare each legal matter as if it is going to trial. Even when we suspect that the parties will not get that far, we still prepare to go all the way; when cases are litigated vigorously, the parties are more willing to be reasonable. Our attorneys appear almost every day in the Probate and Family courts of Middlesex, Essex, Suffolk and Norfolk counties; we know how things work in each courtroom and use that knowledge when building your case.
For a free, no-obligation consultation, call a Massachusetts child custody attorney at (800) 763-1030 or e-mail us to learn more about issues arising from alcohol and drug abuse during divorce.