Rob Kardashian Wants Blac Chyna to Take Child Custody Drug Tests

Rob Kardashian Calls for Blac Chyna to Take a Drug Test in Family Court
Jared Rosenthal
Published on

Reality TV’s Rob Kardashian is in the middle of a custody battle with his former fiancée Blac Chyna over their three-year-old daughter Dream. On January 3, 2020, Rob filed for primary custody of Dream in Los Angeles Family Court. Since the initial filing, Rob’s attorneys have repeatedly filed requests to force Blac Chyna to submit to random drug and alcohol testing as part of the Family Court custody evaluation process.

What custody arrangements is Rob requesting from Blac Chyna?

Rob Kardashian’s initial court filing in January 2020 requested primary custody of Dream, with limited visitation for Blac Chyna. Dream, who currently lives with her mother, would live full time with Rob under the proposed custody arrangement. Kardashian’s attorneys proposed that Blac Chyna could see her daughter only on the weekends and even then, her visits had to be supervised by a nanny.

Why is Rob Kardashian focusing on Blac Chyna’s drug and alcohol use?

According to TMZ, Rob’s initial court filing alleged that Chyna was spending $600 a day on alcohol and was “drunk all the time.” One of Chyna’s former employees alleged in the filing that she could “down a bottle of Hennessy” cognac. The filing also alleged that Chyna “parties hard” in her house, snorts cocaine, and makes violent threats. Chyna allegedly has thrown knives and lit candles at employees.

Any report about the couple’s custody battle over Dream are “alleged” because nothing has been proven in Family Court. No drug or alcohol tests have been administered to either parent, and results have not been submitted to the court.

Which reports about a parent’s substance use would a Family Court tend to take seriously?

Family Courts acknowledge drug and alcohol use when it impacts a child’s well-being. California’s state code regarding family court custody proceedings specifies that if one parent makes allegations of “habitual or continual illegal use of controlled substances, the habitual or continual abuse of alcohol, or the habitual or continual abuse of prescribed controlled substances by either parent,” the court must receive independent corroboration of the allegations.

Independent corroboration includes written reports from law enforcement agencies or drug treatment facilities. Family Courts can order drug testing to confirm allegations of substance use disorders.

What kind of drug tests would Blac Chyna have to take if the Family Court orders them?

Rob Kardashian’s attorneys have alleged Blac Chyna has been using alcohol and controlled substances daily, including cocaine. But the court won’t determine the truth of those allegations until or unless the judge determines that a “preponderance of evidence” warrants child custody drug testing.

The custody battle over Dream is taking place in Los Angeles Family Court, so California’s laws regarding custody, child abuse, and drug and alcohol use are in effect. According to California’s Family Law Code section 3041.5, “The court shall order the least intrusive method of testing for the illegal use of controlled substances or the habitual or continual abuse of alcohol by either or both parents.” In California, the “least intrusive method” is urine testing.

Family Courts in California can’t order hair follicle tests. Opposing parents can agree, or stipulate, that they’ll submit to hair follicle tests, but if the Family Court orders Blac Chyna to take a test to determine if she’s using drugs and/or alcohol, it will be a urine test.

Test results may not be released to anyone but the Family Court, the parents, attorneys, and court-appointed personnel including counselors or children’s advocates. The court can assess a $2,500 fine to punish anyone who releases this information.

What could happen if Blac Chyna takes a urine drug screen and it is positive for drugs or alcohol?

According to California’s Family Law code, Blac Chyna has a right to a hearing to challenge the results of a positive urine drug test. A positive test also won’t mean she automatically loses custody of Dream. The Family Law code specifies that a “positive test … shall not, by itself, constitute grounds for an adverse custody or guardianship decision.”

What do Family Court urine drug screenings typically include?

If Dream is assigned a Children’s Social Worker (CSW) through the Los Angeles County Department of Child and Family Services (DCFS), the county specifies policies for drug and alcohol testing. DCFS conducts three types of urine testing: random, on-demand, and specialized. DCFS urine tests typically check for alcohol, cocaine, marijuana, opiates, methamphetamines, barbiturates, benzodiazepines, and metabolites of those drugs.

Could the Family Court also ask Rob Kardashian to take a drug test?

Family Court judges may order both parents to take random drug tests if one parent has alleged the other is misusing alcohol and drugs. No matter what test results show for either parent, Los Angeles Family Court is bound by the statewide legal principle to act “in the best interest of the child.”

 

Citations

library_books
Jackson, Dory. “Rob Kardashian Fires Back at Blac Chyna’s Claims He Needs Mental Health Evaluation.” Us Weekly, 28 February 2020, https://www.usmagazine.com/celebrity-news/news/rob-kardashian-slams-blac-chynas-mental-health-evaluation-claims/
library_books
Gavilanes, Grace. “A Complete History of Rob Kardashian & Blac Chyna’s Ups and Downs.” People, 8 January 2020, https://people.com/tv/rob-kardashian-and-blac-chyna-relationship-timeline/
library_books
Jackson, Dory. “Rob Kardashian Files New Request Against Blac Chyna Over Custody and Visitation Rights for Daughter Dream.” Us Weekly, 15 January 2020, https://www.usmagazine.com/celebrity-news/news/rob-kardashian-files-new-request-against-blac-chyna-over-custody/
library_books
Gavilanes, Grace. “A Complete History of Rob Kardashian & Blac Chyna’s Ups and Downs – Rob Takes Action” People, 8 January 2020, https://people.com/tv/rob-kardashian-and-blac-chyna-relationship-timeline/?slide=6858484#6858484
library_books
“BLAC CHYNA’S A DANGER TO DREAM… I Want Primary Custody!!!” TMZ, 7 January 2020, https://www.tmz.com/2020/01/07/rob-kardashian-blac-chyna-dream-custody-danger-knives-cocaine-alcohol/
library_books
“Family Code Sections.” California Judicial Branch, https://www.courts.ca.gov/documents/BTB_23_2O_1.pdf
library_books
“Family Code – FAM, Division 8. Custody of Children [3000-3465], Part 2. Right to Custody of Minor Child [3020-3204], Chapter 2. Matters to be Considered in Granting Custody [3040-3049].” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3041.5.&lawCode=FAM
library_books
“California Code, Family Code – FAM § 3041.5.” FindLaw, https://codes.findlaw.com/ca/family-code/fam-sect-3041-5.html
library_books
Rosenthal, Jared. “Hair Follicle Drug Testing Frequently Asked Questions.” Health Street, 13 May 2019, https://www.health-street.net/blog-drug-testing/hair-drug-testing-facts-and-myths/
library_books
“Los Angeles County Department of Children and Family Services Training Academy For Children’s Social Workers.” Los Angeles County Department of Children and Family Services , https://calswec.berkeley.edu/sites/default/files/CCCCA_TOL_PortTrainGuideForNewCSW.pdf
library_books
“DCFS Countywide Drug and Alcohol Testing Program.” Los Angeles County Department of Children and Family Services, 31 August 2016, http://m.policy.dcfs.lacounty.gov/Src/Content/DCFS_Countywide_Alcohol.htm
library_books
“Drug Testing.” Pacific Toxicology Laboratories, http://www.pactox.com/p/drugtesting.php
library_books
“A Judicial Guide to Child Safety in Custody Cases.” National Council of Juvenile and Family Court Judges, 29 February 2012, https://www.ncjfcj.org/publications/a-judicial-guide-to-child-safety-in-custody-cases/
0
WRITTEN BY

Jared is the Founder of Health Street, the creator of the Who's Your Daddy DNA truck, and the host of VH1's Swab Stories.

WRITTEN BY

Jared is the Founder of Health Street, the creator of the Who's Your Daddy DNA truck, and the host of VH1's Swab Stories.

FEATURED IN

Drug Testing

Read Health Street's dramatic and informative drug testing stories.

FEATURED IN

Drug Testing

Read Health Street's dramatic and informative drug testing stories.