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Refusal of father to take hair follicle test to determine if he is using drugs.

Tampa, FL |

Paternal father is asking for 50/50 shared custody. He is a convicted felon and has a drug background. Infant child lives full time with mother but father has supervised visits several times a week until a parenting plan is determined.

The father visited on two different occasions acting strange. Sniffing, falling asleep, drinking a lot of water. He was asked to take a hair follicle test and refused.

When he came to visit last, he has now shaved his body, arm hair, legs, head and his attorney has stopped pushing for mediation and slowed down the process.

How does the court view custody with relation to a parent that cannot prove he is drug free but wants 50/50 shared time?

Attorney Answers 5


  1. Since he has a proven history of drug abuse, he will likely not be allowed any unsupervised visitation at all. If you believe he is actively using drugs and seeing his child under the influence of an illegal substance or other drug abuse is involved then you should file an Emergency Motion to abate visitation completely and should work well. I give free consultations and would be happy to help. Let me know.


  2. Well..it is one very important factor, I believe. I would take a picture of him, somehow, for evidence to show to the court, just to have that shocking image available.

    You might also consider having him be forced to subject to a toxicology screen pursuant to a court order.

    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.


  3. I would add to my colleagues response that you can file a motion for drug testing of the father and have the judge enter an order regarding same so he is court ordered to submit to a drug test.

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.


  4. Family Law is one of those areas of law where the court has tremendous discretion especially when a child's safety and welfare is in question. Remember the Court's look at these issues from the prism of what is in "best interest of the child". If proper paperwork is filed with the court with corroborating evidence i.e. pictures, videos etc then the court could order a drug test further restricting visits with the child.


  5. Ask the court for an immediate order for drug testing.

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