Each case is unique, and the answer depends on the individual circumstances of your case. The first thing you want to do is file a “Motion for Drug Screen” with the court to determine if your spouse is, in fact, using drugs. If he tests positive, the court can take several actions including:
- Deny possession
- Grant limited possession that is supervised
- Require that your spouse submit to a drug test prior to each visit
In cases where the court does not find that the drug use would have a negative effect on the children, visitation may be granted in accordance with the Texas Standard Possession Order.
