My spouse is using drugs and I want to get a divorce. Will this affect my spouse’s ability to visit the children?

If you suspect that your spouse is using drugs, one of the first things you will want to file with the court would be a “Motion for Drug Screen”. If your spouse tests positive for drugs, a court can do several different things.

The court can:

  • deny all possession,
  • order limited, supervised possession,
  • require drug screens prior to each visitation.

In some instances, the court may find that the drug would not have an adverse effect on the children and could order possession in accordance with the Texas Standard Possession Order.

This is a fact intensive question and the answer will very depending on the facts and circumstances of your particular case.

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