Closed Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 20
  1. #1
    freefiona Guest

    Angry DCF can order a surprise drug test?

    What is the name of your state? FL

    Apparently, my stepson's non-custodial mother can call DCF & accuse us of smoking marijuana daily (among other things) & we can be forced to take a drug screen within 22 hours.

    Don't misunderstand; I'm looking forward to the negative results coming back, but how is this even constitutional?What is the name of your state?
  2. #2
    Blue Meanie is offline Senior Member
    Join Date
    Jul 2005
    Location
    Massachusetts
    Posts
    24,668
    Quote Originally Posted by freefiona
    What is the name of your state? FL

    Apparently, my stepson's non-custodial mother can call DCF & accuse us of smoking marijuana daily (among other things) & we can be forced to take a drug screen within 22 hours.

    Don't misunderstand; I'm looking forward to the negative results coming back, but how is this even constitutional?What is the name of your state?

    What do you mean "constitutional"? If DCF receives a complaint they are required to investigate...

    Now if you know for a FACT that the ex is filing false claims with DCF, you could go after her civilly...But you need to know and have proof that it is her doing this...
  3. #3
    freefiona Guest
    By "constitutional," I mean don't we have ANY right to privacy? Shouldn't it take more than an unfounded claim by a vindictive ex-wife to force us to go through this?

    I understand that DCF must investigate EVERY abuse allegation & I have no problem with that, but what about basic civil rights, just cause, etc.?
  4. #4
    Blue Meanie is offline Senior Member
    Join Date
    Jul 2005
    Location
    Massachusetts
    Posts
    24,668
    Quote Originally Posted by freefiona
    By "constitutional," I mean don't we have ANY right to privacy? Shouldn't it take more than an unfounded claim by a vindictive ex-wife to force us to go through this?
    I understand that DCF must investigate EVERY abuse allegation & I have no problem with that, but what about basic civil rights, just cause, etc.?

    How the heck is DCF to know that the ex is "vindictive? They get the complaint and investigate...If your husband comes back clean that will be the end of it...

    Again you could go after the ex in civil court and you could file a harassment complaint with the police...As long as you know for a FACT that it her doing this....
  5. #5
    freefiona Guest
    It doesn't matter whether DCF knows that she's vindictive or not; that's the point! So, basically, anyone can call DCF on anyone & cause them to have to take drug tests, psych evaluations, etc.? If the police can't do that, how can a state agency?
  6. #6
    Blue Meanie is offline Senior Member
    Join Date
    Jul 2005
    Location
    Massachusetts
    Posts
    24,668
    Quote Originally Posted by freefiona
    It doesn't matter whether DCF knows that she's vindictive or not; that's the point! So, basically, anyone can call DCF on anyone & cause them to have to take drug tests, psych evaluations, etc.? If the police can't do that, how can a state agency?

    Don't take the test...tell them no, that you will not have your rights trampled in this way...see what happens then...

    Or call a lawyer and see what he says...
  7. #7
    freefiona Guest
    We've already taken the test, I was just hoping for some helpful advice. Why do so many people in a "free legal advice" forum tell you to "call a lawyer?"
  8. #8
    Blue Meanie is offline Senior Member
    Join Date
    Jul 2005
    Location
    Massachusetts
    Posts
    24,668
    Quote Originally Posted by freefiona
    We've already taken the test, I was just hoping for some helpful advice. Why do so many people in a "free legal advice" forum tell you to "call a lawyer?"

    Gee...Perhaps because you didn't want to listen and I am sick of beating a dead horse....

    With a child abuse allegation, CPS is first obligated to protect the health and wellbeing of the child. If you feel that your rights are more important than your step-child's, perhaps you should not have visitation...

    If the mother of this child were harming him and you reported it, and CPS took a week or two to investigate YOU to make sure you were not a vindictive st-parent...How would you react then?
  9. #9
    rmet4nzkx is offline Senior Member
    Join Date
    Jul 2004
    Posts
    17,787
    Quote Originally Posted by freefiona
    We've already taken the test, I was just hoping for some helpful advice. Why do so many people in a "free legal advice" forum tell you to "call a lawyer?"
    In this case because you didn't acknowledge the advice. Maybe paying an attorney $300 an hour to explain the implications of public policy to you would feel better.
  10. #10
    freefiona Guest
    Actually, we don't have visitation, we have CUSTODY.

    DCF took 56 days from the call to their hotline to their visit to my home.

    Thanks for your help.
  11. #11
    Blue Meanie is offline Senior Member
    Join Date
    Jul 2005
    Location
    Massachusetts
    Posts
    24,668
    Quote Originally Posted by freefiona
    Actually, we don't have visitation, we have CUSTODY.

    DCF took 56 days from the call to their hotline to their visit to my home.

    Thanks for your help.

    No dear...Your husband has custody...you just have issues!

    Have a good day!
  12. #12
    freefiona Guest
    Then why did you say "perhaps YOU shouldn't have visitation?"


    Whatever. I'm done with this site. You people don't offer legal advice, you offer judgement.
  13. #13
    rmet4nzkx is offline Senior Member
    Join Date
    Jul 2004
    Posts
    17,787
    Quote Originally Posted by freefiona
    Then why did you say "perhaps YOU shouldn't have visitation?"


    Whatever. I'm done with this site. You people don't offer legal advice, you offer judgement.
    You received the correct advice, that DCF can order random drug tests at no charge that + freeadvice.

    Please collect your parting gift as you depart this site.
  14. #14
    shell007 Guest
    I mean don't we have ANY right to privacy

    Sure you do....when you go into the bathroom to pee in the cup, CLOSE THE DOOR! That's when you can utilize your constitutional right to privacy!!!
  15. #15
    Blue Meanie is offline Senior Member
    Join Date
    Jul 2005
    Location
    Massachusetts
    Posts
    24,668
    Quote Originally Posted by freefiona
    Whatever. I'm done with this site. You people don't offer legal advice, you offer judgement.

    I didn't judge you...I gave you legal advice you didn't like...I then told you to ask a lawyer...You want to argue that your rights were violated by DFS when they were not...I also told you that your husband can go after the ex for abuse of process...

    You seem to have a very nasty attitude...you should work on that before Mom ends up with custody again...

    Have a nice day!

Similar Threads

  1. Do i have a right to have my drug test results from a false positve test?
    By gale51 in forum Hiring, Firing & Wrongful Termination
    Replies: 2
    Last Post: 07-17-2011, 03:21 PM
  2. How can i have a judge order my ex to take a drug test...
    By corayant in forum Child Custody & Visitation
    Replies: 39
    Last Post: 12-21-2009, 08:41 PM
  3. Can you get fired if you fail a drug test but have a prescription for the drug?
    By bama816 in forum Hiring, Firing & Wrongful Termination
    Replies: 11
    Last Post: 07-09-2009, 12:04 PM
  4. Drug test negative but denied employment for failure of drug test?
    By sundaypainter in forum Hiring, Firing & Wrongful Termination
    Replies: 7
    Last Post: 03-31-2006, 08:43 AM
  5. Replies: 2
    Last Post: 06-28-2003, 01:46 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.