Legal Question in Family Law in Virginia

GAL and Drug Testing

A Guardian Ad Litem was/is appointed to my case. An order for custody and visitation has already been put in to effect and the GAL should no longer be involved unless there is another motion to put into court etc. Recently the GAL's office asked me to come in for a drug test. They stated this is something the court had been wanting to do for a long while. If the court wanted to do it wouldn't the court themselves request it during a hearing or send me some type of document stating so, especially before the judge signed the orders. I took the test in the GAL's office and did not sign any papers. I am not a drug user so I did not have an objection to taking one however this seems a bit fishy to me. They stated that I would not be charged for it but the receptionist/secretary could not tell me if my ex took one too. Is this legal for them to do? Shouldn't there have been something from the court saying they were requesting it and if not shouldnt the GAL's office have me sign some type of document consenting or send me to a professional lab?


Asked on 1/05/09, 5:26 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: GAL and Drug Testing

I have never heard of Virginia GAL's administering drug tests on their own in their offices to anyone, and in my opinion you should've declined to provide a sample for this test.

Such a request normally manifests itself in the form of an order from a court which has proper jurisdiction over a matter before it requiring such a test.

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Answered on 1/05/09, 7:11 pm


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