Legal Question in Family Law in Virginia
RE: Drug Testing and Guardian Ad Litem
I did not decline because I do not have anything to hide and at the time figured it would be better to proceed with the test then to decline and possibly make it look bad for myself.
What actions should I take, if any can be taken. Someone told me that this may be illegal especially since my written consent was not given. Should I report them to the court or Virginia Bar? It is not like the results would hinder my time with my children since they were negative so I assume that no legal action can be taken. I have had problems with this GALs office previously and they are the main reason my case was continued soo many times. They did not send proposed orders to both parties or failed to include things in the orders. They seem to be biased towards my ex and take her side and now this strange drug test came about. I dont know if anything can be done about this situation.
1 Answer from Attorneys
Re: RE: Drug Testing and Guardian Ad Litem
Many folks ill-advisedly consent to things/procedures involving matters legal such as a cop's request to search a vehicle or even a home without a warrant, or they may agree to take a polygraph test at the urging of a police detective "to clear things up" or to talk with the cops about a criminal matter in which they may have some involvement when they are under no legal obligation to do so, or, perhaps, to undergo a drug test without a challenge, and they do so for reasons not dissimilar to what you've cited in your particular case, e.g., "I do not have anything to hide" and "to decline (could)possibly make it look bad for myself".
None of these are good and sufficient reasons for these individuals to agree to do things at the urging of others which they are not required by law to do, and which by so doing in at least some cases, they may actually do themselves harm and make their legal situations worse for a variety of reasons which I will not begin to detail here.(And, of course, one can never really predict when this kind of result might occur, which is another reason to simply refuse.)
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