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Can my fiancé be court ordered to a drug test by a judge if it is not his child?

Fort Myers, FL |

My son's father and I split up shortly after his birth. I am now engaged to someone else whom he hates for no valid reason. He is currently having supervised visitation ordered by the court after failing a hair follicle test (cocaine). At the supervised visitation, my fiancé and sons father got into a discrepancy due to my Ex's egotistical ways. He started yelling at my fiancé how he "knows he smokes weed, how much he buys and from who...etc." it was absolutely ridiculous. My question is this...can my fiancé be mandated to take a drug test by the court even though the child custody battle is between the father and myself (mother)?

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Attorney answers 3


Only indirectly. The court can order you not to allow your child around your fiance unless he is willing to do certain things voluntarily. So if he doesn't meet certain standards, the court can order you not to have him around the child and that can impact your visitation, your custody, etc.

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This is done to protect the child. Talk to your attorney, it may be hard to stop, if there already was a positive test.

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The court will take far reaching steps to ensure that the child is in a drug free environment. Furthermore, if the court were to determine that you knowingly allowed someone using drugs to be around your child, DCF might shelter the child because you have not "protected him" sufficiently. Good luck!

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.

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