Legal Question in Family Law in New York
Paternity and Drug Test
My ex-husband has been diagnosed with OCD and is also now smoking crack. My son brought me the crack paraphenalia and his father has lost about 30 lbs in 1 month, has not been working for 5 weeks and exhibits very strange behavior. His newest paranoid behavior is to request a paternity test for our 3 children. I will agree if he takes a drug test. Can he enforce his request and can I enforce mine. The children are his, thats not the issue, I just want proof for the court that he is doing drugs so he can get help.
1 Answer from Attorneys
Re: Paternity and Drug Test
I am sorry that this situation has been imposed on you. The courts/Law can help, but its tools are limited.
1. If you bring the police in, he can be arrested and sentenced to 'a program'. This is very common. The paraphernalia is sufficient to establish a violation of the law.
If it is a first offense and he is not on probation for another offense, it is likely that he can avoid a criminal record as well (ACD - adjournment in contemplation of dismissal - made dependant on him entering and finishing a program.)
2. Family court can help as well. This is more complicated. You might seek an 'order of protection' against him because of the danger of 'undermining the morals of a minor' type of offense. Another Family Court option is an 'order of separation'. The requirement of entering a program can be established in this way without any recourse to the criminal courts.
This situation is very difficult for you and it is unfair that you are being called upon to deal with it. I recommend to all of my clients in this situation that they talk with their religious guide or a their own feelings about it.
You are welcome to a consultation for no fee and I can help you sort through the options.
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