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What do I need to do to request drug testing on my ex-spouse? What doc needs to be filed and does an attorney need to do it?

Phoenix, AZ |

I need to request drug testing on my ex-spouse but I'm not sure what I need to file or whether this is something that an attorney needs to do. We have a toddler daughter and he has visitation time with her (about a 60/40 split).

Attorney Answers 4

Posted

I do not practice in family law, and you really need to sit down with a family law attorney and discuss your situation. There must be some reason you feel a need to have your ex drug tested, and that would typically be related to custody issues. If you are genuinely concerned about your daughter's safety and well being, you should hire an attorney immediately. I do not know of any way to force drug testing, but I would presume if it is possible, you should be prepared to submit to testing as well. Unless your ex doesn't dispute your allegations, be prepared for the typical counter-accusations.

The above "answer" is for discussion purposes only and is neither intended as legal advice nor to create an attorney-client relationship. An attorney-client relationship is not created until after an in person consultation and I agree in writing to provide representation. I am licensed solely in the state of Arizona. You should consult with a knowledgeable attorney in your jurisdiction.

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Posted

What reason do you have to believe he is using drugs? If you have some sort of evidence or reason for the allegations that you could present to the court, you should consider filing to modify parenting time, along with an emergency motion for temporary orders. In this motion you could request that his parenting time be suspended and that he be forced to undergo drug testing.
You should contact a local family law attorney to get advice regarding the process and whether your situation would qualify for such an action.

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3 lawyers agree

Posted

It is generally a good idea to hire an attorney in family law matters if there is drug use by one of the parents, but it is not always necessary. You can find forms at self-help locations either on line or at some court houses. If you feel that it is in your daughter's best interest to have custody or parenting time modified, then you should file a petition to modify custody, parenting time or both and request that the father's parenting time be suspended due to drug use until safeguards are put in place. Safeguards could include drug testing, drug treatment and/or supervised parenting time.

The petition should include facts that support your allegations of drug use. If it appears that the father is using drugs to an extend that effect his parenting time, the court may order drug testing. You can request emergency temporary orders if you feel that your child is in immediate danger due to his drug use or other actions.

Sometimes parents do agree to drug testing to demonstrate that there is no drug use. If there is drug use, the father is unlikely to agree to drug testing or may only agree to provide a urine sample. A urine sample will only show recent use in comparison to a hair follicle test which will show use over an extented period of time. Since some drugs only remain in the body 24-48 hours, they may not be detected by a urine drug test administered three days later.

This answer is intended to only provide general information and does not establish an attorney- client relationship. You may wish to consult with an attorney regarding your specific case.

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3 lawyers agree

Posted

It is generally a good idea to hire an attorney in family law matters if there is drug use by one of the parents, but it is not always necessary. You can find forms at self-help locations either on line or at some court houses. If you feel that it is in your daughter's best interest to have custody or parenting time modified, then you should file a petition to modify custody, parenting time or both and request that the father's parenting time be suspended due to drug use until safeguards are put in place. Safeguards could include drug testing, drug treatment and/or supervised parenting time.

The petition should include facts that support your allegations of drug use. If it appears that the father is using drugs to an extend that effect his parenting time, the court may order drug testing. You can request emergency temporary orders if you feel that your child is in immediate danger due to his drug use or other actions.

Sometimes parents do agree to drug testing to demonstrate that there is no drug use. If there is drug use, the father is unlikely to agree to drug testing or may only agree to provide a urine sample. A urine sample will only show recent use in comparison to a hair follicle test which will show use over an extented period of time. Since some drugs only remain in the body 24-48 hours, they may not be detected by a urine drug test administered three days later.

This answer is intended to only provide general information and does not establish an attorney- client relationship. You may wish to consult with an attorney regarding your specific case.

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