Legal Question in Family Law in New Mexico

My daughter's mom is requesting "mandatory drug testing" of me because my daughter told her she saw a pipe in my house. The pipe is a 40yr. old tobacco pipe that belonged to my great uncle. I have never been arrested for drugs. Will the court honor her request?


Asked on 1/12/10, 7:18 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

This is one of those touchy things about children living in different houses than their parents. I would want to know how the mother made the request of you. I would suggest that if the two of you are talking face to face then you show her the pipe and explain what it is and where it is from. If she is still insistent on a drug test (and if you have nothing to be concerned about) then accept her offer but insist that she pay for it. If the test reveals you have used drugs then you pay her back and you will be facing a different set of issues; if the test shows you have not been using any drugs then she is out the $$$ and you save the test results for some other time when you feel the need to throw some mud her way.

You did not say if she has filed a motion in court demanding your being tested. If she has the court may tell her to pay for the test and tell you go get tested. If she doesn't want to pay then that may be the end of it.

The Guru's question for you to consider is why is your daughter reporting about pipes in your home to her mother?

Good Luck

Law Guru

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Answered on 1/17/10, 9:16 pm


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