Legal Question in Family Law in New York
drug suspicion and custody
i am the non-custodial parent of 4 children, and it has come to my attention that my stbx's boyfriend is a cronic drug abuser. i recently filed an order to show cause in which i am asking for a reversal in custody. How do i (or can i) get someone to order drug tests for my stbx and her boyfriend to prove the drug problems?
Thank you for your time
2 Answers from Attorneys
Re: drug suspicion and custody
You must ask the Judge to order the drug test. You will need to show a good faith belief in why you believe the test is warranted.
You should ask for a hair follicle test as the "evidence" of drug use lasts longer.
Re: drug suspicion and custody
Supplementing Ms. Palazzo's answer, you will want to impress upon the Court the specific ways that the children are being affected by the drug use and the boyfriend's presence. The Family Court probably has no jurisdiction to order the boyfriend to submit to a drug test in the context of your custody petition, but you may want to learn about other provisions of the Family Court Act which may be relevant, especially if the boyfriend lives in the children's home. Call my office for an appointment if you wish to discuss this further.
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