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Can the mother of my child have DCF drug test me since she is mad she lost our court case?

Winter Haven, FL |

We went to court and I prevented her from moving away with my child. She lost the case and now is extremely pissed off. I occasionally smoke marijuana ( once or twice every other week for my back pain) I am in fear that she will call DCF because its her last thing she can do. Will they come out to my house if she calls? I have a clean record with no drug charges ever! Do they need a court order? I am worried as its been 2 weeks since I smoked and it was only a little amount.

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Attorney answers 3

Best Answer

I would be careful about posting your history of drug use on the internet. People do read posts like this from time to time and then people get into trouble. I realize that it's not a felony, but it is illegal and just probably not smart to admit to for anyone to see. Furthermore, while you can't be forced to take a drug test without a court order, if DCF is called and then you refuse to take one, do you think that they will be more of less likely to come back with 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.

Heather Morcroft

Heather Morcroft


I totally agree about posting information online. You should never admit to a crime online. However, in order for DCF to get a court order they don't just have to go ask for one. They would have to show not only that there was probable cause to believe he was using drugs but that it was harming his child, and if they had that evidence, then they would do something more than get a court order for a drug test, they would consider filing something. It is pretty safe to refuse a drug test requested by DCF if there is no open court case. It's pretty much a foregone conclusion that requesting a drug test with no open court case is a fishing expedition. I would advise someone to refuse a drug test request from DCF in that situation 99% of the time.


Yes she can call them on you, but you do not have to agree to a drug test. They can only force you to take one if they get a court order.

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******


You are not required to cooperate with DCF, but then again you may not see your child until it gets sorted out. When we engage in activities that the State deems illegal, DCF tends to care.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272

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