My son's father and I split up shortly after his birth. I am now engaged to someone else whom he hates for no valid reason. He is currently having supervised visitation ordered by the court after failing a hair follicle test (cocaine). At the supervised visitation, my fiancé and sons father got into a discrepancy due to my Ex's egotistical ways. He started yelling at my fiancé how he "knows he smokes weed, how much he buys and from who...etc." it was absolutely ridiculous. My question is this...can my fiancé be mandated to take a drug test by the court even though the child custody battle is between the father and myself (mother)?
Family Law Attorney
Only indirectly. The court can order you not to allow your child around your fiance unless he is willing to do certain things voluntarily. So if he doesn't meet certain standards, the court can order you not to have him around the child and that can impact your visitation, your custody, etc.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******
6 lawyers agree
Family Law Attorney
This is done to protect the child. Talk to your attorney, it may be hard to stop, if there already was a positive test.
My name is Stephen R. Cohen and have practiced 39+ yrs. I can be reached at 213-819-1171. I practicein Los Angeles and Orange County, CA. I give only appointments over the phone., these services do not create an attorney client relationship. My answers may offend as I do not believe in pulling punches or sugar coating the truth, I use common sense as well as the law. Other state's laws may differ and I would appreciate it if you feel like marking my answers helpful or best. There are a lot of really good attorneys on this site, I will do limited appearances which are court documents , less expensive.
Divorce / Separation Lawyer
The court will take far reaching steps to ensure that the child is in a drug free environment. Furthermore, if the court were to determine that you knowingly allowed someone using drugs to be around your child, DCF might shelter the child because you have not "protected him" sufficiently. Good luck!
Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.