Legal Question in Family Law in California
my ex and I have a current court order to randomly drug test one another at will and since neither of us has a lawyer anymore is it a legal request for him to text message me to go drug test without any other form of letting me know to go and I cannot receive texts currently, only calls, and now he is claiming I am uncompliant of the orders and a no show is said to be seen as a dirty test? Is that legal when I had no knowledge he was texting these requests?
1 Answer from Attorneys
It sounds like your order for each other to request random drug tests of each other is not working. I've never personally heard of such an order that would allow one party to request another take a drug test whenever they want. It seems very intrusive, and can quickly be abused. I would suggest that you request that the court get involved to monitor or facilitate the drug tests so that it's not up to the will of the other party. You need to establish the means of how notice is requested for a drug test, if it is via text, or a phone call would suffice.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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