Legal Question in Family Law in Kentucky
in a custody deal can they make everyone in house be drug tested
Asked on 12/12/11, 3:12 pm
2 Answers from Attorneys
Andrea Welker
Welker Law Office
When there are children involved, the Court has the authority require anyone living in the home with the children to be drug-tested.
Answered on 12/12/11, 7:02 pm
Gregory Napier
Troutman & Napier, PLLC
If you wanted to appeal the Order on constitutional due process grounds then you would probably win, but it would be a long time from now and, unless the judge does not know how to base a custody decision on multiple factors, you probably still would not get the custody arrangement you are wanting. The best course of action would be to make sure no one in a caretaking role in the home is illegally using drugs.
Answered on 12/13/11, 6:35 am