HI, my roommate is getting a divorce and his wife's lawyer is now asking the roommates to take a background check and UA to use against him and myself since my living would be attacked via saying the kid can't stay there. As the roommate can they do that to me?
The other side can ask, but you have no obligation to submit a background check or submit to a U/A. If your roommate asks you, then you could decide whether to do those things to help him out, whether to decline, or whether to move out or ask the roommate to move out.
They can ask for it, but as you are not parties to the action you cannot be compelled.
From what you say, your roommate does not have an attorney. That is a big mistake in a custody dispute. There are preferences for "joint custody" which may not be best in his case. As such, he needs to prepare to vigorously assert his custody claims and concerns to do what truly is in the child's best interests.
He really needs to get with an experienced family law attorney just as quickly as he can to review the facts of your case and set out a plan to assert your position. Please understand that this site does not allow us to recommend any particular attorney or firm, but I do know what a mess custody cases can be having handled many disputed matters. Do your on-line research and look for attorneys experienced in high-conflict custody matters.
This answer is not legal advice, and does not create an attorney - client relationship. This answer is for educational purposes only.
You have no obligation to comply with their request and the court cannot order you to do so. However, they can order your roommate to not stay there with the kids if they believe the children are not safe. I would advise your friend to get a good family law attorney to help him navigate through this process.
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