Can I refuse a drug test requested by the other parent in a custody modification? 5 Answers as of August 15, 2012

Father is requesting that I (mother) take a drug test. Rquesting in a modification from a previous custody agreement case. Father has no evidence and is going by hearsay.

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Steven Alpers | Steven Alpers
If the court orders you to take a durg test you must take the drug test. He can ask what he wants but the judge decides with the help of the mediator.
Answer Applies to: California
Replied: 8/15/2012
Attorney At Law | Harry D. Roth
That is a tough call to make. Yes, you can refuse. But will doing so make the judge think that your reason is not resentment at the intrusion, but because you are hiding something? Depends on the judge and it depends on the "evidence". I am not sure what you mean by "hearsay". Were you my client, I would tell you this. Whatever you do, stop now and stay stopped. Only you know if there is anything to stop. Show up to court clean and, in the end, you have nothing to worry about.
Answer Applies to: California
Replied: 8/15/2012
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
I assume from your question that there are Child Custody issues in your case. You can refuse to take a drug test requested by the other party, but if you refuse to take a drug test ordered by the Court, there could be unfortunate consequences that you would suffer as a result of your refusal.
Answer Applies to: California
Replied: 8/15/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
If it is not a court order you are not required to drug test. The only reason you would need to drug test is if it is a court order.
Answer Applies to: California
Replied: 8/15/2012
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
If the current order states that the party is to submit to drug testing, then he can. If not, then he can only request that he be given that authority and state his reasons for requesting it.
Answer Applies to: California
Replied: 8/15/2012
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