Substance abuse is a critical factor in Utah child custody cases. Under Utah Code Section 30-3-10.12, the court has specific authority to order drug and alcohol testing when substance abuse is alleged and may impose conditions on custody and parent-time based on the results. Understanding how Utah courts handle substance abuse allegations can help you protect your parental rights or address legitimate concerns about the other parent.
Updated: July 17, 2026
Key Takeaways
- Utah Code Section 30-3-10.12 gives courts authority to order drug and alcohol testing in custody cases
- A positive test or refusal to test can result in restrictions on custody and parent-time
- The court may order treatment, supervised visitation, or other conditions for a parent with substance abuse issues
- False allegations of substance abuse can also affect the court’s decision
- An experienced Utah custody attorney can help you respond to substance abuse allegations or seek appropriate protections
What Does Utah Law Say About Substance Abuse and Custody?
Utah Code Section 30-3-10.12 provides that when drug or alcohol abuse is alleged in a custody or parent-time proceeding, the court may order the parent to submit to testing. The statute covers testing for illegal drugs, prescription drugs used without a prescription, and alcohol. The court may order testing at any time during the proceedings and may continue testing after a final order is entered if there is ongoing concern.
The statute also allows the court to consider a parent’s refusal to submit to testing as evidence of substance abuse. If a parent refuses a court-ordered test, the court may draw an adverse inference and impose restrictions on that parent’s custody or parent-time accordingly.
How Does the Court Order Drug and Alcohol Testing?
The court may order testing on its own motion or upon the request of a party. The order typically specifies the type of testing required, the frequency of testing, and the laboratory or facility authorized to perform the tests. Common testing methods include urine analysis, hair follicle testing, blood testing, and breathalyzer testing for alcohol.
If the parent lives in another state, the court may coordinate with authorities in that state to ensure testing occurs. The cost of testing is typically borne by the parent being tested, though the court may allocate costs differently based on the circumstances.
What Are the Consequences of a Positive Drug or Alcohol Test in a Utah Custody Case?
The consequences of a positive test depend on the substance involved, the frequency of use, and the impact on the child. The court may impose a range of restrictions, including:
| Restriction | When It May Apply |
|---|---|
| Supervised parent-time | A parent who tests positive may be limited to supervised visits until treatment is completed |
| No overnight visits | The court may prohibit overnight parent-time if substance abuse poses a safety risk |
| Mandatory treatment | The court may order the parent to complete a substance abuse evaluation and treatment program |
| Sober living requirements | The court may require the parent to maintain sobriety as a condition of custody or parent-time |
| Random testing | The court may order ongoing random drug and alcohol testing to monitor compliance |
| Custody modification | A finding of substance abuse may result in modification of an existing custody order |
The court’s primary concern is the child’s safety. If substance abuse impairs a parent’s ability to provide safe and appropriate care, the court will take action to protect the child.
What Evidence of Substance Abuse Is Relevant in Utah Custody Cases?
Courts consider a wide range of evidence when evaluating substance abuse allegations. The most persuasive evidence includes:
- Positive drug or alcohol test results from a certified laboratory
- Criminal convictions for DUI, drug possession, or drug distribution
- Treatment records from substance abuse programs
- Testimony from witnesses who have observed the parent under the influence
- Medical records showing substance-related health issues
- Employment records showing substance-related job loss or discipline
- Social media posts or messages discussing drug or alcohol use
- Protective orders or police reports involving substance-related incidents
Hearsay and speculation are not sufficient. The court needs concrete, admissible evidence to make findings about substance abuse. This is why documented test results and criminal records carry significant weight.
Can a Parent with a Substance Abuse History Still Get Custody or Parent-Time?
Yes. Utah law does not automatically bar a parent with a substance abuse history from custody or parent-time. The court will consider whether the parent has addressed the issue through treatment, whether there is a current risk to the child, and whether safeguards can be put in place. A parent who has completed treatment, maintained sobriety, and demonstrated the ability to provide safe care may be awarded custody or parent-time with appropriate conditions.
The parent seeking custody or parent-time bears the burden of showing that they can provide a safe environment despite their history. Evidence of successful treatment, negative test results, and stable lifestyle can help overcome concerns about past substance abuse.
Strategic Tip: If you have a history of substance abuse, voluntary treatment and testing before the court orders it can demonstrate good faith and a commitment to your child’s wellbeing. The court looks favorably on proactive steps toward recovery.
What If Substance Abuse Allegations Are False?
False allegations of substance abuse can be damaging and stressful. If you are falsely accused, you should take the allegation seriously and be prepared to defend yourself. Steps to take include:
- Agree to court-ordered testing to demonstrate your sobriety
- Gather evidence that contradicts the allegations, such as employment records, witness statements, or character references
- Document any pattern of false allegations by the other parent
- Ask your attorney to request that the court sanction the other parent if the allegations were made in bad faith
The court does not look favorably on parents who make false allegations to gain an advantage in custody proceedings. If the court finds that allegations were knowingly false, it may consider that conduct in the overall best interest analysis and may award attorney fees to the falsely accused parent.
How Does a Parent Request Drug and Alcohol Testing in a Utah Custody Case?
To request drug and alcohol testing, a parent must file a motion with the court and provide a factual basis for the request. The motion should identify the specific concerns and any evidence supporting the request. The court will then determine whether there is good cause to order testing. Good cause may be established by credible allegations, a history of substance abuse, a criminal record involving substances, or other relevant evidence.
If the court finds good cause, it will issue an order specifying the testing parameters. Both parents may be subject to testing, not just the parent against whom allegations are made. The court may also order testing of both parents if there are concerns about both parties.
Can the court order a parent to pay for the other parent’s drug testing?
Yes. The court has discretion to allocate the costs of testing between the parties based on their financial circumstances and the reasons for the testing.
Does medical marijuana use affect custody in Utah?
Utah’s medical marijuana law allows qualifying patients to use cannabis under certain conditions. However, the court may still consider marijuana use in a custody case if it impacts the child’s safety or welfare. Parents using medical marijuana should be prepared to show that their use is lawful and does not impair their parenting abilities.
What happens if a parent fails to complete court-ordered substance abuse treatment?
Failure to complete court-ordered treatment can result in modification of custody or parent-time, including suspension or limitation of the parent’s time with the child until treatment is completed.
Facing a child custody issue in Utah? Jeremy D. Eveland, MBA, JD, can help protect your parental rights and advocate for your child’s best interests.
Call (801) 613-1472 or visit jeremeyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah family law attorney for advice specific to your situation.
Comments are closed.