Legal Question in Family Law in Alabama

A friend of mine has used drugs in the past. His jealous ex-wife goes off every now and then and has threatened to get him tested and take away custody rights. She has also done drugs and said he will accuse her of the same thing. What could happen to the child if both parents accuse each other of this, also the only reason she is doing this is because he has a new girlfriend. Can this be ordered if there is no proof or even grounds on the drug use? Nothing has ever happened to the child, nor was it done in the child's presence or when taking care of the child.


Asked on 8/03/09, 4:49 pm

1 Answer from Attorneys

William Pfeifer Pfeifer LLC

If they go into court making these allegations against each other, the judge is likely to order both of them to submit to hair follicle drug testing. If that happens, and they both test positive, the judge could take the child away from both of them. If only one tests positive, the other would have a strong upper hand in the dispute. If your friend is serious about being with his child, tell him to clean his act up, stop using drugs completely, and start building a track record of being a good parent.

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Answered on 8/10/09, 2:16 pm


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