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

Asked 11 months ago - 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. Wendi L Hall-Gonzales

    Pro

    Contributor Level 11

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    Answered . 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. William Charles Rosenfelt

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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... more
  3. Ophelia Genarina Bernal-Mora

    Pro

    Contributor Level 19

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    Answered . 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... more
  4. John Arthur Smitten

    Contributor Level 18

    4

    Lawyers agree

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

  5. Syed Sharik Ahmed

    Pro

    Contributor Level 7

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    Answered . 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.

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