Legal Question in Family Law in Pennsylvania

my partner has a daughter and was reported to children and youth family services for smoking marijuana. she gave a clean urine but the next week the same person made another report and not only was it against my partner but my name is metioned too. now children and youth wants a urine from me. Now i have no ties to my partners daughter, i don't even babysit her. I feel i shouldn't have to give a urine beings i have no ties to the child. so my question is, am i legally obligated to give a urine and what happens if i were to refuse to give the test.

Asked on 1/20/10, 12:20 pm

John Davidson Law Office of John A. Davidson

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Do you live with the mother of the child? Spend significant time with mom and daughter?

It doesn't violate your 5th amendment right to keep silent. So there is no constitutional right issue unless it's a 4th amendment right.

Generally when a party has been ordered to produce a urine sample and the don't, C&Y considers it a failed urine test.

One might ask why someone keeps reporting mom to C&Y. Second, if you're clean why not give a urine test.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

Answered on 1/25/10, 1:05 pm

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