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How can i avoid doing a hair drug test for court, in custody case?

Seattle, WA |

my kids dad is fighting me for custody , i think he knows i am using again, and keeps threatening me with a hair folical test, he recently shaved all of his hair (he had long hair and facial hair) i know he sells and uses ocasionally, he is very u- fit sex ofendr been in prison many times for violent crimes, he hasnt even been around our child except once every t3-6 months recently kidnaped her and she is showing signs of
emotiolal distress as result, i fear that if i fail this test hhe will get custody which is NOT best for our daughter, what can i do? can i refuse to take a hair test unless he is able to do so, i know there is no way to fake the test so i am getting clean as we speak but my past use wont look good especially recent past

Attorney Answers 3


  1. If he court orders you to take a test and you refuse to do so, the court may give the child to him or to foster parents.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements


  2. You will have to submit to testing if it is ordered by the court. If you test positive, that doesn't automatically mean you lose. The court is used to dealing with such cases, and if the parent shows they are currently clean and submits to additional random testing and treatment, their chances of retaining custody are often good. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on child custody for more information about the legal issues raised by your inquiry. Please keep in mind that although these Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. There are always exceptions to the general rules. Click on my photo. On my AVVO home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides." Scroll down the list of my 31 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement

    ©Bruce Clement. This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.


  3. I agree with my colleagues. If court orders to do so, you have to do it.

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