Legal Question in Family Law in Florida

During a divorce custody battle in Florida, the magistrate ordered a drug test for the mother but not the father. This is the second time they are filing for divorce. The parents originally filed 5 years ago and both parents were drug tested and both came out negative. At that point, they decided to stay together. Only the fathers drug test was recorded on file, somehow the mothers was not put on record. The father is now filing for divorce and is the one that motioned for the mother to be drug tested. Is it possible to have the husband retest for drug abuse? The magistrate said that the test 5 years ago meets the need for his drug test. The mother knows 100% that the father would test positive for drug use.


Asked on 7/31/13, 8:00 am

2 Answers from Attorneys
John Smitten Carey and Leisure

You have to file a verified motion with the court and obtain an order for the drug testing.

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Answered on 7/31/13, 8:34 am
Robert McCall Law Office of Robert McCall

Drug testing is exclusively a Judge's decision.

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Answered on 7/31/13, 9:52 am


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