Legal Question in Family Law in New York
Family Court Drug Testing
Im representing myself in family court so im not sure how to go about having my ex drug tested. I dont want to just ask to have her tested because I dont have proof that shes using. I know for a fact that shes using because I still have access to her email acct and read emails between her and her friends regarding drug use. Now obviously I cant say that im doing that so basically what I need to know is could I just ask for her to be tested. Her using drugs was the reason we split in the first place. She was also busted in 2003 for unlawful poss. Also, she has sent me some emails saying she was going to fill our daughters head with lies about me to screw up our relationship. Are emails admissable?
2 Answers from Attorneys
Re: Family Court Drug Testing
The relevant law is CPLR 4602 and it renders an unauthorized interception 'inadmissible'. However, I am interested in how you obtained her email access codes.
If she gave them to you, then you can argue that she gave you the emails. That would make them admissible.
Family Court judges are not looking for subtle expositions of the law, and that will be the largest problem.
Argue she gave you the access codes and knows that you have them. In that way, she had no 'reasonable expectation of privacy' from you. Use those words exactly.
This is something that may very well work. of course, the use if a lawyer increases your chances of success.
Re: Family Court Drug Testing
Her Email to you is admissible. Your unauthorized interception and or reading of her private email is unlawful.
You will need a good faith basis to request a drug test. Since I assume children are involved the court may agree to it so request it.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
