Legal Question in Family Law in South Carolina

Drug testing

I have a friend living in South Carolina that has been ordered by childrens services to take a drug screen. She has 2 children and is currently seperated from her husband. She used marijuana within the past 30 days and is concerned that she will lose her children if the test is positive for cannibis. Is this possible? she has no criminal record, no history of abuse and the children have no history of abuse either. Thank you for your time


Asked on 10/30/07, 12:34 pm

2 Answers from Attorneys
Greg Calvert Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C.

Re: Drug testing

Assuming, since your friend lives in SC, that her case is pending there, your post ended up in the wrong forum (OK), unless it went to both OK and SC forums. If her case is in SC, she will need to obtain the guidance of an SC licensed attorney.

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Answered on 10/30/07, 1:03 pm
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Drug testing

She does not have to take the drug test simply because DSS asks her to. I typically require DSS to make a showing that the client may have been using drugs before consenting to a drug test. However, each case is different and a "custom-made" approach to DSS for each case is usually the best approach.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that your friend consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 10/30/07, 9:33 pm


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