Legal Question in Family Law in California
Family Court Appeal
My case went to trial and I disagree with the judge's decision. I was also ordered to return back to court with the results of a hair follicle test so ordered by the court. My question is, at what point is this case 'done' so I can file an appeal? And, what is the name of the form that I have to file to challenge the judge's order for me to take a hair follicle test?
1 Answer from Attorneys
Re: Family Court Appeal
If this case involves child custody, you can appeal immediately. The form is called a "Notice of Appeal." Be advised, however, that an appeal is an extraordinarily complicated process. If the case does not involve an issue of custody, then you would need to file a peremptory writ of mandamus. Case law says that a person can refuse a drug test on grounds of privacy. If you disobey the judge's order on privacy grounds, the judge probably cannot hold you in contempt. However, a drug test is a good way to prove that you are not using drugs. If you do not have that then the judge can consider other evidence that may indicate you have a drug problem and deny you custody.