Can i request the court to make my ex take an on the spot drug test?

Asked about 5 years ago - Florida

My ex does cocaine and im a witness to him doing it all the time in his house and with his friends when there out. He does it all the time though ive not seen him every time but a few, and hes confessed other times. He also lied to me and when i went into his bathroom found some in his hamper trying to hide it from me under a basket He also does steroids and ive seen him meet a drug dealer in the past to get X for his friends and didnt know what he was doing until afterwards when he told me! I was shocked and we are going to court for child custody/visitation. Can i request that he have a drug test on the spot b/c im afraid he may try to flush it out if they give him advance warning even though i was told coke stays in your hair for six months!

Additional information

I am not concerned that my ex is a danger to himself, I am more worried about my newborn baby and his safety. What can i do for him to be drug tested before he has any visitation rights?! what about supervised visitation?

Attorney answers (1)

  1. Diana Michelle Tennis

    Contributor Level 14

    Answered . Usually that would entail filing a motion for restricted contact and having a hearing and really proving these things to the judge, and showing probability that he would also do that around new baby. Other witnesses are a good idea. The court can order drug testing, can allow for surprise testing or hair folicle testing. In the part of Florida where I work, they would usually make the person asking for the testing pay for it unless it came back positive.

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