CHILDREN & CUSTODY
What can you do when the judge orders you to submit to drug testing? Well, when a divorce judge orders a drug test there isn’t much you can do. Your attorney can file motions to object, presumably, but if you are being ordered to get a drug test, then you and your spouse are likely fighting over custody and once there is a custody dispute, you put your parental fitness into question and one aspect of unfitness could be drug use and the court’s job is to protect the child’s best interest so the court has a duty to make sure you are not a drug addict or drug user, if the other parent alleges that you are. By the way, both parents can be ordered to submit to drug test, and a refusal can lead the judge to make an inference that you are unfit. So if you are ordered to take the test, and you want custody, you probably should just go ahead and get the test. If you’re clean, you have nothing to worry about anyways.