Hair Follicle Drug Testing in Florida Custody Cases: What You Need to Know

When custody cases involve allegations of drug use, Florida family courts often order drug testing to determine whether a parent's substance use may impact their ability to care for a child. One of the most commonly requested drug tests is the hair follicle test because of its long detection window and difficulty to evade. If you have been asked to take a hair follicle drug test in a custody case, here's what you need to know.

What is a Hair Follicle Drug Test?

A hair follicle drug test analyzes a small sample of hair to detect drug use. Unlike urine tests, which typically detect substances for a few days to a few weeks, hair follicle tests can detect drug use up to 90 days prior to the test date. This extended detection period makes them a preferred option in custody cases where long-term patterns of drug use are a concern.

Substances Hair Follicle Tests Commonly Detect:

Most standard hair follicle tests check for the following substances:

• Amphetamines, Methamphetamines, and Ecstasy (MDMA)

• Marijuana (THC)

• Cocaine

• Opiates (Codeine, Morphine, Heroin Metabolite - 6-Acetylmorphine)

• Phencyclidine (PCP)

Some expanded panels may also test for prescription medications such as benzodiazepines (Xanax, Valium), barbiturates, synthetic opioids (Oxycodone, Hydrocodone), and others. If a party believes a parent may be abusing prescription medications, they may request a more comprehensive screening.

Why Are Hair Follicle Tests Used in Custody Cases?

Florida courts prioritize the best interests of the child in custody and timesharing cases. If one parent raises concerns about the other's substance use, a judge may order a drug test to determine if it poses a risk to the child's safety or well-being.

Since hair follicle testing provides a long-term view of drug use, it is particularly useful in cases where one party alleges ongoing or habitual drug use rather than a one-time incident.

How Hair Follicle Tests Are Collected

• The sample must come directly from your person, meaning you cannot submit someone else's hair.

• The hair is usually collected from the scalp, but if there is not enough hair, the sample can be taken from the arms, legs, armpits, or pubic area.

• Dyeing, bleaching, or shaving your head will not prevent the test. If you attempt to remove all body hair, the court may assume you are avoiding the test and could rule against you.

How Hair Follicle Drug Tests Can Impact Custody Cases

A positive drug test in a custody case can significantly impact timesharing and parental responsibility. However, the severity of the impact depends on:

1. Which drug(s) were detected – For example, a positive cocaine test may be viewed more harshly than a positive marijuana test, particularly as marijuana laws continue to evolve.

2. The levels of detection – Some tests can indicate frequency of use or whether use exceeds prescribed amounts for certain medications.

3. The judge's discretion – Florida judges have wide discretion in custody cases. Some may be more lenient if a parent acknowledges the issue and agrees to testing and treatment, while others may impose supervised visitation or limit parental contact until the issue is resolved.

Potential Consequences of a Positive Test

• Temporary Restrictions on Timesharing: If a parent tests positive, the judge may suspend or reduce their timesharing until they provide clean follow-up tests.

• Supervised Visitation: The court may order supervised visitation to ensure the child's safety.

• Mandatory Follow-Up Testing: A parent with a positive test may need to submit to random drug testing to prove they are no longer using substances.

• Substance Abuse Evaluations and Treatment: In some cases, the judge may require drug counseling, rehab, or parenting classes before reinstating full parental rights.

• Dependency Proceedings: If drug use is severe or ongoing, the Department of Children and Families (DCF) may get involved, leading to a possible dependency case where parental rights could be at risk.

What Are Your Options If You Are Asked to Take a Hair Follicle Drug Test?

If you are asked to take a hair follicle drug test in your Florida custody case, you have two options:

1. Agree to Take the Test

• The cost of the test typically starts at $300 and can increase depending on the testing facility and the number of substances screened.

• If you test negative, you may request that the other parent reimburse you for the cost.

• If you test positive, it is important to consult with an attorney immediately to discuss damage control and next steps.

2. Refuse to Take the Test and Require a Motion to Compel

• If you refuse to take the test voluntarily, the other party must file a Motion to Compel with the court.

• A hearing will be scheduled, where the judge will decide whether testing is necessary.

• The requesting party must provide evidence suggesting recent drug use, such as:

• Testimony from witnesses

• Photos or videos showing drug use or paraphernalia

• Text messages, emails, or social media posts referencing drug use

• If the judge grants the Motion to Compel, you will likely be required to take the test immediately.

Warning: Refusing a drug test without a valid reason may make you look uncooperative or suggest to the judge that you have something to hide. Judges can infer negative conclusions from a refusal.

What If You Get a Positive Test Result?

If you test positive, the most important thing to do is take immediate steps to address the issue. This may include:

• Requesting a retest (if you believe the result was a false positive)

• Providing proof of legal prescription use (if applicable)

• Voluntarily attending drug counseling or treatment

• Complying with any additional court-ordered testing

• Demonstrating sobriety through follow-up negative tests

A follow-up clean test within 60-90 days can sometimes help mitigate damage in custody proceedings. However, in more serious cases, a parent may need to undergo counseling, parenting classes, or other rehabilitative steps before regaining full timesharing rights.

Final Thoughts: Protecting Your Rights in a Custody Case

If you are facing a drug test in a Florida custody case, it is critical to consult with a family law attorney immediately. Your parental rights and timesharing could be at stake, and having a legal strategy in place is essential to protecting your relationship with your child.

At Family Matters Law Group, P.A., we have extensive experience handling custody cases involving drug testing, timesharing disputes, and parental rights issues. If you need legal guidance, contact us today to schedule a consultation.

Tags: Florida custody, drug testing, timesharing, parental responsibility, substance abuse in custody cases