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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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If the court mandates a drug test for the custody case and

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If the court mandates a drug test for the custody case and the results are faxed to my ex's lawyer - are they also faxed directly to the court?

Brandon M. :

Hello there.

Customer: Hello
Brandon M. :

Hi, thank you for your question.

Brandon M. :

Who would have sent the results to your ex's lawyer in this scenario?

Brandon M. :

Would they be sent from the drug testing facility?

Customer: The drug test lab.
Brandon M. :

Were you ordered to test at this specific lab?

Customer: We both took the test.
Customer: Yes at the specified lab
Brandon M. :

Were you ordered to share each other's results?

Customer: I know my results were faxed to my lawyer. So I am assuming his was too. Will they also send the, directly to the court?
Customer: Yes
Brandon M. :

Ok. May I safely assume that, to your knowledge, the lab was not specifically instructed to send a copy of the results to the court?

Customer: That is my question. I just don't trust my ex or his lawyer.
Brandon M. :

I understand. My emphasis was actually on whether the lab was specifically instructed to send a copy to the court "to your knowledge".

Customer: Is it normal that the lab sends the test results directly to the courts as well? Or would that have to be released by the courts?
Customer: To my knowledge. No
Brandon M. :

It's not normal that a lab would send a copy to the courts in a family law matter. If it was a juvenile dependency matter or a criminal matter, the answer might be different. However, a lab will typically not take that extra step. In fact, they can sometimes violate medical privacy laws if they do so without specific instruction to make the disclosure.

Brandon M. :

Under ordinary circumstances, the results belong to the individuals being tested, and it's up to them to disclose the results to the court, or whomever else may be interested.

Customer: Ok. Thank-you for your answer. It would have cost me $300 to email,my lawyer so I appreciate your help. At least it gives me a guide as to what to do.
Customer: Have a nice evening
Brandon M. :

It's my pleasure. It's nice to help folks for a reasonable price.

Brandon M. :

Did you have any other question?

Customer: Nope- that's it. Divorce is an awful business. Thank- you for helping.
Brandon M. :

Certainly, and I wish you the best.

Customer: You too.
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