Legal Question in Family Law in New York

Re: Drug Testing in Custody Proceedings

Yes, if the Judge thinks that it is needed. Usually you need something more than just one spouse accusing the other of drug use, but it depends very much on the exact circumstances of the case. The last one I did, the Judge ordered evaluation of both the wife and husband (husband was doing drugs), and made the report confidential so no one could let anyone else know the results (just the Judge, lawyers and husband and wife nvolved, no one else was allowed to know the results).

Every situation like this is very, very individual; a great deal depends on what the people involved are like, the husband and the wife, and it is NOT possible to give any general statements as to how a situation will turn out.

You do want to be careful to do the best you can for the children.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: Drug Testing in Custody Proceedings

Drug and alcohol testing can be a part of a divorce proceeding where one or both parties have a history of drug and alcohol abuse as evidenced by

a criminal conviction or dwi conviction or other reasonable basis for there being an issue as to whether one or both parties abuses

drugs or alcohol.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Drug Testing in Custody Proceedings

If your question relates to NY law, I suggest reposting this question there.

To answer your question, it is totally up to the Judge. Furthermore, there is a difference between a request and an order. If someone makes an accusation, the Judge may ask if the other will take a drug test. Of course, saying no will make you look pretty bad. While the Judge may not cite to this for making a call one way or the other, they are human after all and it will of course play a part in their decision.

Should you have any question, feel free to contact me. My initial consultations are always free.