Over the past several weeks I have provided you with information regarding the most common methods of drug and/or alcohol testing used by courts in Texas in divorce and child custody matters. This week, I will discuss the method of drug testing known as “nail testing.” 

Nail testing is the newest form of drug testing being used by courts in Texas in divorce and child custody cases. Either fingernails and/or toenails can be tested to detect drug use. Like hair testing, nail testing has a longer detection period than a urinalysis drug screen.  Nail testing can detect drug use for a period of 3 months up to 8 months.  

When submitting to a nail test the nail is either clipped or shaved/scraped.   You must remove all nail polish and/or acrylic nails prior to submitting to a nail test.  Nail testing is generally used in cases where a person has no hair to test and/or if use of shampoos or other products that intend to alter hair or urinalysis test results are suspected. There are not many products on the market that claim to assist someone with passing a nail test. 

If you are considering filing for a divorce and/or a child custody matter in Texas, be sure that you could pass any method of drug testing commonly utilized by the Courts. Since hair testing and/or nail testing are the methods of testing used by courts in Texas that have the longest detection periods you should make sure that you could pass either a nail or hair test prior to filing a family law matter in Texas. Depending upon the drug consumed, the duration of use, and quantity consumed it could take as long as 9 to 12 months before you test clean on either a nail and/or hair test.

Testing positive on any kind of drug and/or alcohol test will have a negative impact on your divorce and/or child custody case in Texas. You will likely be awarded only supervised visitation with your children for an extended period of time. The Court will likely require your visitation to be supervised until you can demonstrate to the Court that any issues with substance abuse have been resolved. You could be required to submit to random alcohol and/or drug testing for an extended period of time.

Next week I will discuss some specific consequences associated with testing positive for drugs during the pendency of a divorce and/or child custody matter in Texas.