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Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24869
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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If I know my ex-wife is using drugs...can I have her drug tested

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If I know my ex-wife is using drugs...can I have her drug tested because I am paying her a lot of child support money and I'm worried about my children?
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Pro replied 5 years ago.
So, other than your "smelling" drugs - there is nothing more?
Customer: replied 5 years ago.
I have found paraphernalia at her house and I know she smokes marijuana on a consistent basis...I'm sure it's not around the kids but it's still the fact that she does it and she has the kids a majority of the time.
Expert:  Law Pro replied 5 years ago.
How about calling the police on her - would you do that? Then there would be confirmation - then you could make demands.
Customer: replied 5 years ago.
So there is nothing I can do from a legal stand point? I mean...what would be the situation where I would call the police? Just like yesterday...I brought the kids to my oldest sons baseball game and after it was over I smelled marijuana in her truck. So yes...the next I smell that she will not get the kids but there really is nothing I can do with all the laws and restrictions in a divorce?
Expert:  Law Pro replied 5 years ago.
Let me be frank with you - during divorces, property distribution, and custody issues - people lie, cheat, and steal. The court is very aware of this and sees it all the time.

As such, the court isn't going to demand something as intrusive as a drug test on the basis of an "ex" spouse who has an "ax to grind" and where some ex spouses would do anything and everything in their power to cause grief to the ex, not pay them, obtain custody, and see them completely humiliated, etc..

So, what you can and should do is immediately deny her custody of the children based upon your "smelling" of drugs - in fact, it would be parental negligence of you to allow her to take the children if she's been doing drugs (illegal or otherwise).

So inform her that your not going to allow her to take the children and call the police - let them take it from there AND if she's even charged - then you can immediately petition the court for sole and primary custody and termination of your child support (in fact she would be obligated to pay you child support).
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