Legal Question in Family Law in Georgia
Atlanta, GA: What do judges typically mandate regarding longevity of drug testing? My friend plans to divorce a spouse that has a history of drug addiction and it's important to make sure her kids are not around him during visitation if he is high on drugs, so she may want him to face random drug tests. How long is this possible to ask that he be tested?
2 Answers from Attorneys
The answer is exactly the same as when you asked here 5 hours ago.
It depends on the Judge. Your friend would have to present a case showing evidence. Just saying she believes he does drugs, if he says he doesn't or no longer uses drugs, without more, may not be sufficient. If there are drug issues, I have a provision in my Settlement Agreement setting forth how random testing would be handled, as well as the type of testing to be conducted. If my client and opposing party cannot reach an agreement, I have a game plan to present to the Judge for his or her consideration. Even then your friend is not assured the Judge will grant future testing. Your friend should not attempt such a serious issue without an attorney. She needs to retain an attorney at the onset.