Requesting the other party to get drug tested

[turbo5111]

If one party requests for the other party to be drug tested, as long as the requesting party is paying for it, I thought you HAD to test. I was told today in court by the Mediator that the father could refuse to take the drug test, and that would be ok! This is not sounding right to me at all. Is that legal?

 

[Duranie]

Do you have reasonable proof he is using drugs? I doubt Dad can just refuse. If he refuses they should just count it as a fail. Sounds like you need to talk to an attorney.

 

[BayState]

If one party requests for the other party to be drug tested, as long as the requesting party is paying for it, I thought you HAD to test. I was told today in court by the Mediator that the father could refuse to take the drug test, and that would be ok! This is not sounding right to me at all. Is that legal?

That is not how it works. Unless there is a documented drug history a court won't intrude on a parents civil rights...No matter WHO is paying for it.

Did you bring PROOF of the other parents illegal drug use? Are you prepared to submit to the other parents potential unwarranted demand for testing? How would you feel if the other parents demanded a Psych exam? Do you think you should "have" to submit to such an intrusion just because s/he is paying for it?

 

[turbo5111]

If it is not coming out of my pocket, and I have nothing to hide, I would have NO PROBLEM taking the test. You do it right there inside the court house, its not like you have to go out of your way to take it or anything. The only Proof I had was a hand written letter by a female who has seen the father on more than one occassion at a well known drug and gambleing hangout, there with my son. And the whole 3 years we were together he did drugs. But no documented drug history of any kind, only violence. I believe he is currently using drugs,and if I beleive that, and I'm paying for him to either prove me wrong or prove that I am right, he should be ordered to take the test. A child's life is involved directly by this. Would'nt the court want to know, and be sure?

 

[jharris352]

Its not so much that the Court might want to "know and be sure" but the Court has to have enough evidence to override his right to privacy. That having been said, the Judge has two things to go on: An anonymous, letter by a person who isn't going to show up in court (most likely inadmissible hearsay) but because it is an anonymous unverified statement it is nearly worthless. Two your word that he did drugs the whole 3 years we were married.

The first thing a Judge is going to ask you is: If your husband was doing drugs around your kids the whole 3 years you were married why didn't you protect your son then? You could have left him, called CPS, called the cops, done a number of things to protect your son then. Because you didn't and you waited until now to say something about it, a Judge is going to wonder if you aren't just making it up. As for the letter, that's worthless.

So, what else do you have? Because so far I don't see anything a Judge is going to get to excited about.

 

[turbo5111]

The letter was signed by the female who wrote it and she left her telephone number. Second we did not have our son when we were together. I got pregant, he went to prison, I left him. When he got out he took me to court for custody rights of our son.

 

[jharris352]

That's better. Have you ever talked to the girl who wrote the letter? You never know, a Judge may ask him to drug test. I had to ask the questions the way I did. That's how the judge is going to think. Good luck.

 

[CdwJava]

The father can refuse. The judge can take the father's refusal into consideration when evaluating any request for custody and visitation.

Absent a court order they cannot compel dad to take a chemical test for drugs. He has a right to refuse. The judge also has the freedom to use that refusal in his deliberations.

- Carl