Legal Question in Family Law in Wisconsin

Re: Can a mom give a father a drug test before allowing visation

Before anything else remember that I am only licensed in Tennessee and not in Wisconsin, but the general rule in most states is that if there is an Order for visitation which a Judge has made or agreed to, then the parent with custody must allow visitation unless or until the court changes the Order. If you are concerned aobut there being some problem, you take it back to the court for the Judge to CHANGE the Order. If you change the visitation schedule or order all on your own, you are in contempt of court and can be tossed in jail for it.

Now, if there is no Order, then visitation must be arranged by argreement bewteen the parties... and if there is no agreement, then ther may be no visitation.

Your question is very vague as to what kind of drugs you believe the father has used used or is using, or which might be in his system.

If you are talking about marijuana, even if he tested positive for it, the test would not indicate how long it had been since he used it (the test will register positive for 30 days), or whether it would be having any effect on his behavior at the time.

But if you want to be able to test the father for drugs before allowing the child to go for visitation.... you are going to need a court order to allow it.... and I have only once in ten years seen a court order something like that, and that was in the case of an admitted crack cocaine addict who had been in an out of rehab/treatment about 8 times and had been using drugs heavily for 15 years.