Legal Question in Family Law in Virginia
What is required in Virginia to get a judge to order a drug test on a parent? I have sole legal and physical custody of my son. His father has visitation every other weekend. He was charged two years ago with possession of marijuana. Yesterday he got a new phone and didn't save my number under my name and mistakenly texted me thinking my number was a drug dealer he met asking if he could pay $50.00 for an eighth of weed.i went along with it and kept asking questions to get him to give more info and eventually he realized it was me and not the person he meant the text for. I'm very concerned for our four year old... If I go before a judge for an emergency hearing what will likely happen? I want supervised visitation and for him to take a drug test. It is in Fairfax county va.
1 Answer from Attorneys
It would be up to the particular judge (per my estimate) hearing this matter to determine whether the facts which you would present at this hearing and which bear on the best interests of your son would be considered serious enough to warrant the court's order for this father to submit to a drug test. (And, as to whether the
current visitation order would be changed, that would have to undoubtedly await for a
second or, possibly, third hearing before the judge would rule on this particular issue.)
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