Legal Question in Family Law in Massachusetts
Drug testing non-custodial parent
I have custody of my 8 yo daughter. Her mother gets visitation appon my approval. In the past her mother had issue with drugs. As far as we know she has been clean a while. Recently she has been having issues holding jobs, has a bunch of new roomates saying she cant afford to live alone. Also she has drastically lost weight and looks as if she may be using again.
Is there any way in MA to force her to take a drug test before seeing her daughter? I want it to be safe before sending her there. We are in MA, her mother lives in NH.
3 Answers from Attorneys
Re: Drug testing non-custodial parent
File a Complaint for Modification requesting random drug testing as a condition of visitation. Good Luck!
Re: Drug testing non-custodial parent
If visitation is at your sole discretion, you can refuse visitation until she takes a drug test.
I would recommend that you do that, and that you also consider filing a modification action so that you can get a drug test ordered. Hair follicle testing is routinely accepted by the courts as accurate.
Re: Drug testing non-custodial parent
I would recommend seeking a modification to have random drug testing be a condition of visitation. Even if visitation is your sole discretion there is a certain reasonableness that is required in your discretion. By seeking a modification then you know that you are acting within the bounds of the court order. Asking someone to take a drug test, even when it is your sole discretion, may be outside of the intent of the order.
If I can help you further please feel to contact me.
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