Legal Question in Family Law in Virginia

Re: Previous drug use legalities

Your question, although submitted under the category of family law, is actually more apropros

to that of criminal law, as it involves issues

of your right under the Fifth Amendment of the U.S.Constitution to protect yourself against self incrimination and whether you can exercise this right in a forum involving a family law proceeding.

And the answer is ,yes, you most definitely can

"take the Fifth" as they say, if you're asked to answer any questions relating to your use of illegal drugs. And ,no, the court will not order you to take a drug test if you exercise your constitutional right against self-incrimination

nor will the court order you to drug test merely because another witness has made allegations

from the witness chair. Note: If this

were to occur, the father's attorney should note

an objection on the grounds of irrelevance or any other applicable grounds.

You may also wish to consider retaining your own criminal defense counsel to accompany you to the proceeding to ensure that your rights are fully protected.