Legal Question in Criminal Law in New Mexico

Can I request that my ex submit to drug testing?

Last March my ex-wife was charged (not convicted yet) with child endangerment because of marijuana use around our daughter. My daughter now lives with me in Oregon and my ex has moved to New Mexico. My ex is trying to have the charges dropped or reduced so she won't have a misdemeanor on her record. Anyway, my daughter is scheduled to have visitation with her mom this summer. I am concerned that she may still be smoking pot while my daughter is there. Is there anything I can do like request that she submits to a urinary analysis before I send my daughter. Can visitation be conditional based on a UA test? If this is possible, where would I go so it could legally enforced? Thanks.


Asked on 1/06/03, 12:52 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Can I request that my ex submit to drug testing?

Any restrictions in child visitation, or modifications from the visitation established by court order, must be imposed by the court which originally entered the parenting plan. In other words you must return to court to have a UA requirement, or any other requirement, added, and that must be to the court which has jurisdiction of your child, if you cannot work out a voluntary solution with your spouse.

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Answered on 1/06/03, 8:55 am


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