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

Asked 10 months ago - 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. Dave Hawkins

    Pro

    Contributor Level 20

    Answered . 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... more
  2. Bruce Clement

    Pro

    Contributor Level 19

    Answered . 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... more
  3. Ji Min Kim

    Pro

    Contributor Level 14

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

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