Legal Question in Family Law in California

My ex-husband and I are back together after being divorced for about 1 1/2 years. During that sepration he fathered a child with someone. He went to court and the court ordered that I not be allowed to particapte in his visition with his daughter, unless I go and take 3 random drug test and pay for it to and if I don't they will arrest my exhusband. Due to faulse accuations he made about me using drug in our ugly divorce. which she brought up in their child cousty case.

I have never been arrested for drugs or use drugs. I have never been arrested for anything in my life. So how can the courts make me do this when they don't know me or seen me. Is this legal in the state of CA?


Asked on 9/23/11, 8:48 am

1 Answer from Attorneys
Michael Schneider Family Law Center

Well, you definitely have an issue about a unlawful search and seizure as well as the authority by the court over a third party not joined to the action. But, the court has power over your husband, curtailing his rights if something does not happen in his household. Sounds also like your husband was in a catch 22: he claimed first that you were using drugs, then he claimed that was a lie and you were not. Question is, which one is true and how is the court to know when your husband was lying, before, or now? Your husband truly needs to have legal counsel. I might also suggest that you have a hair follicle drug test done just to put the drug issue to rest.

www.FamilyLawCalifornia.com

Read more
Answered on 9/23/11, 12:22 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California