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Drug Testing/Civil Rights

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anorcalmom2

Junior Member
What is the name of your state (only U.S. law)?

CA

I am involved in an ongoing 3 year custody battle with my ex. He has alleged several times over the past 3 years that I was using drugs/alcohol. Based on his allegations (and they were just that) I have been ordered to random drug testing several times. In 2005 I completed and passed (as I knew I would!) 4 urine tests over a 3 month period.

4 months ago I took and passed a hair follicle test due to a demand from the therapist that completed a court ordered drug/alcohol assessment (again based on ex's allegations). I passed that, as I knew I would.

Recently, based on recommendation from the drug assessment person, she is recommending to the court that I undergo 8 months, at 4 times a month of random drug and alcohol testing.

And I am refusing. Now obviously this is preventing me from having my children for overnite visitation, but enough is enough!

According to CA family law, Section 3014.5:

a child who is the subject of the proceeding to undergo testing for the illegal use
of controlled substances and the use of alcohol if there is a
judicial determination based upon a preponderance of evidence that
there is the habitual, frequent, or continual illegal use of
controlled substances or the habitual or continual abuse of alcohol
by the parent, legal custodian, person seeking guardianship, or
person seeking visitation in a guardianship. This evidence may
include, but may not be limited to, a conviction within the last five
years for the illegal use or possession of a controlled substance.

I have never had any legal issues, CPS issues, rehab issues...nothing. Im a social drinker and thats it. And I don't even drink at all when my kids are in my care.

I am so confused as to what to do. Some people say to just do it since I have nothing to hide. But the other part of me is just fed up with being put through the ringer with this and feel that its time to stand up for my 4th ammendment Right. Otherwise, it will just continue on and on.

Don't I have some sort of recourse to the Family Law court that they keep insisting that I do this regardless of having none of the criteria stated in the statutes? After all, if I stand up for myself, I lose time with my kids.

Help!What is the name of your state (only U.S. law)?
 


seniorjudge

Senior Member
Q: I am so confused as to what to do. Some people say to just do it since I have nothing to hide. But the other part of me is just fed up with being put through the ringer with this and feel that its time to stand up for my 4th ammendment Right. Otherwise, it will just continue on and on.

A: If this is the way you feel, then hire a lawyer and ask that this testing stop.
 

anorcalmom2

Junior Member
Unfortunately, I cannot afford a lawyer. Trust me, I wouldn't have fought this entire custody battle pro per while he had an attorney the entire time I have the funds or resources available for one.

Wouldn't I have the same basis that if I did have an attorney to go into court as I represent myself and ask based on the law that the testing stop?

Of course, coming from me, they are going to look at it on a more "personal" level since its coming out of my mouth and I am the one under scrutiny.

But the law is the law right regardless of who is asking the court to adhere to it?
 

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