Drug use allegations in a Pennsylvania custody case can shift the outcome of your entire parenting arrangement, and the courts in Westmoreland County treat them seriously. Whether you are a parent raising concerns about the other party’s substance use or defending yourself against accusations that do not reflect your full situation, Andrew F. Skala, Esq., has worked with families throughout Greensburg and the surrounding area on exactly these issues.
What Pennsylvania Law Requires Courts to Consider
Under 23 Pa. C.S. § 5328, courts must evaluate 16 specific factors when determining custody arrangements, and the list includes the history of drug or alcohol abuse by any party or household member. Additionally, under 23 Pa. C.S. § 5329, courts must specifically consider whether a parent has been convicted of certain drug-related offenses, among many other crimes, before entering a custody order. These are not discretionary considerations; judges must address them on the record.
What Judges Look at Beyond a Drug Charge Alone
A parent does not automatically lose custody because they have used drugs or even been charged with a drug offense. Judges at the Westmoreland County Court of Common Pleas look at the complete picture before modifying or limiting a parent’s rights. Relevant factors include:
- Whether the parent is currently using substances or has completed treatment and maintained sobriety
- Whether the child was present during drug use or exposed to controlled substances in the home
- Whether the parent’s drug use is part of a documented pattern or an isolated past incident
- The results of any court-ordered drug testing
- Any involvement with the Westmoreland County Children’s Bureau or child protective services
A parent who completed a rehabilitation program, maintained clean drug tests, and remained actively involved in their child’s life is in a different legal position than one with ongoing use and no steps toward treatment.
How Drug Use Can Trigger a Custody Modification
If a custody order is already in place, a parent seeking to modify it based on the other party’s drug use must show a material and substantial change in circumstances since the last order was entered. A new drug-related arrest, a failed drug screen, or documented evidence that a child was exposed to substances in the home can each meet that threshold.
Courts in Greensburg have several tools short of eliminating parental contact altogether. A judge may order supervised visitation, require drug testing before any parenting time occurs, restrict overnight stays, or mandate participation in a treatment program as a condition of maintaining custody rights.
Drug Testing Orders in Westmoreland County
Either party can ask the court to order drug testing during a pending custody matter. Westmoreland County judges have discretion to require urinalysis, hair follicle testing, or other methods based on the circumstances of the case. A parent who refuses a court-ordered drug test or misses a scheduled screen faces serious consequences, as courts have the discretion to treat a refusal as evidence of a positive result.
Steps That Matter Early in These Cases
When drug use is a factor, the decisions made early in a custody case are important. Documenting your involvement in your child’s daily life, responding appropriately to court orders, and addressing any legitimate concerns proactively can all affect how a judge views your credibility and your parenting capacity. Waiting to address the issue rarely helps.
Contact Our Greensburg Custody Attorneys
Our firm represents parents throughout Westmoreland County in custody matters where substance use is part of the dispute. To discuss your situation, call 724-493-9044 or )contact us online.