Legal Question in Family Law in California

Drug Testing/Family Law/Ca
I'm involved in a 3 year custody battle. My ex made false allegations of substance abuse on my part. Ive never been arrested for drugs/alcohol. No CPS history. Never exposed my kids to illegal substances. Ive been pro per and he has counsel. Ive never missed a court date or behaved in any way that the court should suspect abuse. Other than his allegations, I've never given any reason for them to have ''reasonable cause''. Recently the court ordered both of us to go to a ''drug and alcohol assessment''. A week after my meeting, the therapist called me and DEMANDED that I do a hair follicle test the next day. I started to resist given what I felt was my legal right. I didn't see what legal grounds she had to demand that of me. And she didn't make him. No court order was made for a ''drug test''. I told her that I wanted to wait to see what the judge said. She stated that she'd halt all work on my report if I did that and not complete it until I took the test. She said that a DRUG TEST was part of the assessment. I finally agreed and took the test. I passed, which I knew I would. My question is this. Can I pursue legal action against her since the test wasn't court ordered? And is hair follicle testing allowable in CA?

Asked on 4/06/08, 5:06 pm

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

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Re: Drug Testing/Family Law/Ca

No. You didn't have to take the test. she lacked the authority to make you submit to the test.

Answered on 4/07/08, 12:58 am

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