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Can the California (Monterey County) divorce court force me to take a drug test?
My ex-wife is falsly accusing me of using drugs and I ethically don't feel I should have to take a test just because she says I use drugs in a child support case.
13 Answers
- huggzLv 71 decade agoFavorite Answer
Yes they can, and just take it if you're clean, it saves a lot of hastle! :D
- 1 decade ago
Yes, they can. If they feel that your children could be exposed to drugs when they are around you.
It is really no big deal if you are clean. It may hurt your pride a little but you will recover and you can prove your ex-wife wrong and that will really piss her off!!!
Also fight fire with fire. You can have them pull one on her. You can say that you aren't so sure that she is clean and agree to take the test under the terms that she has to take one too so that you know for your own piece of mind that she also isn't exposing them to drugs.
This will do one of many things. It will piss her off. She will refuse and be order to take one as well. Or maybe she won't push the issue if she is dirty her self. She may drop the whole issue. But if she did and you are clean I would press the issue so you know that she isn't using around your kids!!!!
It will upset her if you accuse her right back and she will get a taste of her own medicine.
You may not feel that you should have to take one but do it and ask that she be made to do it also.
There is nothing wrong with letting the court know that you are clean. And once it comes back clean you can rub it in her face.
She mad at you so she wants to hurt you and embarrass you. Maybe she feels that you have done this to her already and just wants a little revenge. Prove her wrong. Show her that you aren't what she claims. And you have gotten her for false information.
Every court in the United States that has child custody hearings and support hearings have this law for the sake of the children. To protect them.
So go prove her wrong. Your clean right.
Good Luck
- misskate12001Lv 61 decade ago
If it's a condition of the divorce agreement or child custody case, then yes.
If you thought your wife was doing drugs while taking care of your kids, wouldn't you want her to take a test?
If you aren't using drugs, what's the problem? Take the test, she'll look bad for falsely accusing you, end of story.
- Anonymous5 years ago
You need to live in the county for three months prior to filling in that county. I went through this this year. Seek legal aide if you don't have the money for a lawyer.
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- 1 decade ago
Hi this is Sashia , and I have this answer for u...Just take the test for u and ur child...and prove her wrong, then she has to apologize not only to u but the court as well, but it really is not just for her...its really for ur child...this child is apart of u as well as hers, so yes, take the test and u will get great results ......GOOD LUCK..SASHIA from (LA)..
- 1 decade ago
yes they can. a judge can make you do anything he wants to and it is legal; but hey look if youare not guilty of drugging, why would it bother you to take the test? if I were in your shoes I would LOVE to take the test to prove her a liar.......that is unless I was lying, and then I would be asking questions in yahoo answers I think.
ps if you want to learn how to clear your urine, there is no way (I am a nurse)
- DovahkiinLv 71 decade ago
If you don't have an attorney to answer this question for you and you are in a child support case you are screwed anyway. Get one now.
- physandchemteachLv 71 decade ago
If you want to keep joint custody or full custody you have to do what ever the courts require. I would also insist that she be forced to take any tests that you have to take.
- ?Lv 61 decade ago
yea right dont take drugs if you were clean you would love to prove her wrong you are so full of it
- 1 decade ago
if the judge decides you take a test, you best take it and prove your innocence. do it for your kids.