Hair testing in Family Lawa single mother had been abandoned by her husband of 8 years she was dependant on him in every aspect. It took nearly a year before she was able to get a hearing as well...

Hair testing in Family Law

a single mother had been abandoned by her husband of 8 years she was dependant on him in every aspect. It took nearly a year before she was able to get a hearing as well as was it the first time that she had even seen him since he left. Most surprised asked well did he call or anything? No! Not one word or even concern for his 5 yr old child. (She the Petitioner) filed and he responded with a counterclaim for custody. They were referred to family court services each were interviewed and home visits were made come to find he was co-habitating with another not far from thier home. Random drug testing was completed. Final decision was Petitioner was awarded temp sole physical and legal custody and he had to prove himself by her request to see a therapist prior to visitation before he could even have limited contact. several orders he defaulted on as well as was brought back to court and charged with constructive contempt. Since then he has still defaulted on orders filed in court and now at the pre-trial hearing with hopes to settle he requests hair follicle testing after family court had completed that aspect of the case. Frustrated by the prolonging that has been done as well as the many orders that even today he has yet to comply with she now has to wait for another hearing where his request for hair testing can be allowed.

Asked on by lenamarie

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Susan Hurn | College Teacher | (Level 1) Educator Emeritus

Posted on

Where does child support figure into this situation? Did the absent father support his child financially after leaving? The facts presented here suggest that he did not. Since making a counterclaim for custody, has he assumed financial responsibility and paid any back child support? If not, especially considering the rest of these court dealings, contempt citations, etc., I can't imagine why a judge would give him any consideration at all.

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amy-lepore | High School Teacher | (Level 1) Educator Emeritus

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What has become of the child?  I hate to hear of situations like this, and hope that the child's welfare is being considered.  It seems to me that if the father hasn't been in contact at all for so many years, custody should be a non-issue.  Then again, I haven't gone to law school. 

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lenamarie | eNotes Newbie

Posted on

Where does child support figure into this situation? Did the absent father support his child financially after leaving? The facts presented here suggest that he did not. Since making a counterclaim for custody, has he assumed financial responsibility and paid any back child support? If not, especially considering the rest of these court dealings, contempt citations, etc., I can't imagine why a judge would give him any consideration at all.

thank You and child support has been established however getting a full payment from the Respondent that has a 6 figure income is like pulling teeth Petitioner claims. Apparently, the judge said respondent  would have to file a motion and even then he is not sure he would allow it as well as he was unsure of the statues of limitations with time frame. What does that mean and how would she find out? You would think a judge would know. 

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lenamarie | eNotes Newbie

Posted on

The purpose of hair follicle drug test is to find out if a person has used drugs in past 90 days. This test is much more effective then test of saliva or urine because in case of these tests the traces of drugs remain in the sample only for a few days.

In this particular case described in post #1 the purpose of request for this test is not clear. Perhaps, it is to delay the legal proceedings. I see no other benefit that the respondent can get from such an action. "Law's delay" has been a nuisance since the time of Shakespeare, and I see no easy way out of it.

You have a good point. However if there are statues of limitations in this paticular matter what would they be? And Petitioner has been collecting volunteer urine tests at the same place that the first 2 random tests were done. Petitioner plans to have these with at the next hearing to avoid any further delays with the case. One final point if urine testing is established and legally certified as well as acceptable in cases where judges and thier family court officers are conducting the evaluations to make final decisions concerning custody then why would any judge rule in favor of the hair test when urine has been established? Petitioner stated she will not be subjected to any further humilation. Especially when he has yet to comply with more then a few orders that were filed and has no interest in his child as well.  

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lenamarie | eNotes Newbie

Posted on

The purpose of hair follicle drug test is to find out if a person has used drugs in past 90 days. This test is much more effective then test of saliva or urine because in case of these tests the traces of drugs remain in the sample only for a few days.

In this particular case described in post #1 the purpose of request for this test is not clear. Perhaps, it is to delay the legal proceedings. I see no other benefit that the respondent can get from such an action. "Law's delay" has been a nuisance since the time of Shakespeare, and I see no easy way out of it.

Thank You! Your opinion is appreaciated. It is as I said for drug testing, however that aspect has been completed in the beginning and was submitted in the report that was conducted by the family court officer. Respondent's request for a motion this late in that reference is questionable by the possibility of a statue of limitations and those limitations are what?  

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lenamarie | eNotes Newbie

Posted on

What is the purpose of hair testing? Is it to prove that one of the parents is not the real parent? I am surprised that that would weigh into considerations, but different states have different rules and procedures in family court. I suggest having patience in the state you live in and see this through to the end.

Thank You for responding. The hair testing is for drug testing. In the beginning when the custody evaluation was in the process random urinaylis was completed and Petitioner tested negative for drugs period. Petitioner stated that having to be supervised while going to the bathroom was very humiliating. Petitioner is frustrated and is unable to understand the system that has yet to enforce further orders that have been ordered and not complied with. How is Respondent able to walk in and file a motion to his request. Since Respondent left his now 7 yr. old son has reportedly been doing excellent he recently recieved an award for reading achievement at his attending elementary school that Petitioner volunteer's her time 2x monthly to storybook reading as well the school's garden project. The limited support she recieves is nothing compared to respondent's 6 figure earnings that was disclosed. Petitioner was a homemaker for the entire marriage so when he requested that she get a job there was more then a mouthful she wanted to say.  

epollock's profile pic

epollock | (Level 3) Valedictorian

Posted on

This case has too many unanswered questions as to why things have been going on like this.

epollock's profile pic

epollock | (Level 3) Valedictorian

Posted on

The purpose of hair follicle drug test is to find out if a person has used drugs in past 90 days. This test is much more effective then test of saliva or urine because in case of these tests the traces of drugs remain in the sample only for a few days.

In this particular case described in post #1 the purpose of request for this test is not clear. Perhaps, it is to delay the legal proceedings. I see no other benefit that the respondent can get from such an action. "Law's delay" has been a nuisance since the time of Shakespeare, and I see no easy way out of it.

I have been to law school and I am familiar with family court proceedings and testing for drug use, but the use of this was rather puzzling. For this to happen so late in the proceedings it shouldn't be an issue at this time in many states. I was just curious as to why it was being done now after so much time has already elapsed. Maybe this was an unusual case of knowledge of prior drug use.

krishna-agrawala's profile pic

krishna-agrawala | College Teacher | (Level 3) Valedictorian

Posted on

The purpose of hair follicle drug test is to find out if a person has used drugs in past 90 days. This test is much more effective then test of saliva or urine because in case of these tests the traces of drugs remain in the sample only for a few days.

In this particular case described in post #1 the purpose of request for this test is not clear. Perhaps, it is to delay the legal proceedings. I see no other benefit that the respondent can get from such an action. "Law's delay" has been a nuisance since the time of Shakespeare, and I see no easy way out of it.

epollock's profile pic

epollock | (Level 3) Valedictorian

Posted on

What is the purpose of hair testing? Is it to prove that one of the parents is not the real parent? I am surprised that that would weigh into considerations, but different states have different rules and procedures in family court. I suggest having patience in the state you live in and see this through to the end.

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