forcing drug tests with no facts

[goodrunofbadluk]

What is the name of your state (only U.S. law)? MO I was wondering if two people were divorced and the mother had residential custody of the two children, if the husband due to strictly hearsay, no facts could force mother to get a drug test.

 

[ecmst12]

Anything is possible.

 

[Proserpina]

What is the name of your state (only U.S. law)? MO I was wondering if two people were divorced and the mother had residential custody of the two children, if the husband due to strictly hearsay, no facts could force mother to get a drug test.

Does Mom have a proven history of drug use?

(ecmst12 is correct, btw)

 

[LdiJ]

While anything is possible, its not all that likely.

 

[Ohiogal]

While anything is possible, its not all that likely.

Depends on the hearsay. What exactly is the hearsay and who is stating it? Would they testify in court about what they were saying?

 

[LdiJ]

Depends on the hearsay. What exactly is the hearsay and who is stating it? Would they testify in court about what they were saying?

Which is why I said "not all that likely".

 

[Ohiogal]

Which is why I said "not all that likely".

You cannot say that. If the hearsay is coming from the mother's family who the MOTHER lives with and they testify that they have seen the mother using drugs, dad has a very high chance of prevailing. Same if the children are commenting on it and dad petitions for a GAL. Those are both hearsay situations in which dad is VERY LIKELY to prevail on getting a drug test for mom based on nothing but hearsay. Now if dad heard it from mom's cousin's second boyfriend's sister's friend -- then it is not all that likely.

Again, OP needs to answer my questions.

I will wait for you to proclaim my answer BS and tell OP to get advice of a lawyer in his jurisdiction. I know it is coming.

 

[LdiJ]

You cannot say that. If the hearsay is coming from the mother's family who the MOTHER lives with and they testify that they have seen the mother using drugs, dad has a very high chance of prevailing. Same if the children are commenting on it and dad petitions for a GAL. Those are both hearsay situations in which dad is VERY LIKELY to prevail on getting a drug test for mom based on nothing but hearsay. Now if dad heard it from mom's cousin's second boyfriend's sister's friend -- then it is not all that likely.

Again, OP needs to answer my questions.

I will wait for you to proclaim my answer BS and tell OP to get advice of a lawyer in his jurisdiction. I know it is coming.

Ok...let me rephrase. In general, its not possible to get a judge to order drug testing without proof. However, there can be some exceptions to that.

Therefore that changes the answer from "not possible", to "not all that likely".

My purpose for saying "not all that likely", is because the previous answer of "anything is possible", could have been misconstrued by the OP.

 

[Ohiogal]

Ok...let me rephrase. In general, its not possible to get a judge to order drug testing without proof. However, there can be some exceptions to that.

Therefore that changes the answer from "not possible", to "not all that likely".

My purpose for saying "not all that likely", is because the previous answer of "anything is possible", could have been misconstrued by the OP.

However what you are missing is that OP states that there is only hearsay -- that hearsay CAN be proof. Hence there is proof here -- whether that proof has enough weight, no one can say as OP has not come back.

Now dad making an accusation with NOTHING (not even hearsay) but his wish that mom test is not that likely -- slim to none. But hearsay is a misused term and we don't even know of what the "hearsay" consists.

Dad CANNOT force mom to get a drug test but a court could based on what is being termed hearsay here -- again, depends on what the hearsay is.

 

[waitinMd]

I asked for a drug test with NO proof and I got an order. Now granted we both had to go, but I didn't care.

 

[LdiJ]

I asked for a drug test with NO proof and I got an order. Now granted we both had to go, but I didn't care.

Didn't your ex have a record though?...maybe I am remembering incorrectly.

 

[waitinMd]

No, she did not have a record when I asked initially for drug testing. The criminal drug charges came later. Plus she was still 17 when I asked for drug testing... anything would have been in a juvenille record and I would not have known about it anyway.

It really depends on how it is presented to the Judge. Her lawyer argued about the testing, but the Judge said no, he wasn't taking any chances when a minor child was involved. He said "both of you can go, that settles that".

I'd also like to add that when one party asks for drug testing.... and a Judge orders Both parties to get tested, it is NOT always just ONE test. I had to go for 6 HFT !! They were VERY expensive. All mine were negative, she did NOT accuse me of using drugs. My tests were 145.00 each! Hers were 175.00 each... (she was also ordered urine tests with HFT)....

 

[ecmst12]

The vagueness of my answer is directly related to the vagueness of the question.

Point of interest - if someone testifies that they actually WITNESSED mom using drugs, isn't that NOT hearsay?

 

[Ohiogal]

The vagueness of my answer is directly related to the vagueness of the question.

Point of interest - if someone testifies that they actually WITNESSED mom using drugs, isn't that NOT hearsay?

No. That is NOT hearsay legally. Hearsay would be dad testifying that Joe told him that Joe saw mom using drugs. Joe testifying that mom was using drugs is NOT hearsay.

ETA: I understand why you are asking due to my explanation. The hearsay portion is Joe telling dad that mom did drugs in front of him. But Joe testifying to it in court is no longer hearsay. Understand? Then it is an observation that Joe can speak to as he has first hand knowledge.

 

[Zigner]

The vagueness of my answer is directly related to the vagueness of the question.

Well, if we're going to be nit-picky. The question was: "...if two people were divorced and the mother had residential custody of the two children, if the husband due to strictly hearsay, no facts could force mother to get a drug test?"

The absolute, 100% correct answer to this is: NO.
The husband cannot "force" anything. The husband can ask the court and the court can order it...but the husband can't "force" it.