Legal Question in Family Law in Florida

non-custodial parent refusing drug testing

I have resently filed a Motion for Drug Testing and Treatment against my ex-husband. He's been bringing our child home, after his weekends with her, obviously under the influence of marijuana. Child Protective Services has been called (by me)and has visited his home. He refused their attenpt to drug test him. They have recommended that he attend a drug treatment program, but could take the matter no further than that. Now I have to go into court asking for the testing and treatment with no evidence that he is actually on drugs. My question is simply, what kind of evidence, if any, do I need to convince a Judge that the Order I am seeking is in the best interest of our child?

Asked on 7/28/03, 10:47 pm

2 Answers from Attorneys

Annelies Mouring C. Annelies Mouring, Esq.

Re: non-custodial parent refusing drug testing

Typically you can tell the Judge of your ex-husband's refusal to take the testing. I would follow up in the interim with Children and Families(HRS)and see if they can apply pressure. In some cases, HRS can attend the court with you and testify as to why they thought testing was needed. Talk to HRS, they may require a subpoena.

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Answered on 7/29/03, 8:32 am

Russell Thompson Law Offices of Russell M. Thompson

Re: non-custodial parent refusing drug testing

Yes. Florida statute 751.01 provides for temporary custody by a member of the child's extended family. As a cousin, you would qualify under the statute for gaining temporary custody.

The POA will not meet your requirement.

Good luck.

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Answered on 7/29/03, 1:31 pm

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