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LegalEase, Lawyer
Category: Family Law
Satisfied Customers: 897
Experience:  Experience in handling divorces, custody issues and child support quandries.
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My husband failed a drug test for a custody hearing. He was

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My husband failed a drug test for a custody hearing. He was told that he can take it again because there wasn't enough urine in the cup. The judge said that if he fails again that he will have to go to rehab and have supervised visitations with his son. He took the test with someone else 2 hours later and passed. Later, I noticed that the guy that did his urine testing the first time used to be a friend of mine and my husband and him do not get along and he has even hit on him over a year ago. A week later, he had to do another drug test, with the same guy that did his drug test the second time which is my ex-friends boss. My husband's urine was clear and of course he doesn't do drugs but the tester used two different dip sticks and told him that the test is good. We believed everything was ok until his exgirlfriend said that we are going back to court because he failed his drug test again. So my husband right away went to a lab with a more comprehensive urine test and passed..
Your husband needs to report the discrepencies in the uranalysis to the supervisor of the clinic and explain that he believes a personal problem between him and the technician is preventing the technician from doing his job correctly. That is unacceptable behavior.

Your husband should also have the results of both drug tests handy in court to show the judge the discrepencies despite the close proximity in time. Finally, you could ask the Judge to order a hair follicle test. Those tend to be the most accurate and can show the lack of drugs over an extended period of time.
Customer: replied 7 years ago.

Is it still okay to order a UA with the lab at the court. The lab told us that we need a doctor's order for a blood test, and they also told us that those UA's that the court was performing doesn't even hold in court anyway. The urine test that was done at the lab is more comprehensive and more accurate than those rapid tox tests anyway and we are not trying to spend a lot of money. You think that maybe requesting a blood test through the court or a more comprehensive UA test will also do? Not only there is an unfavorable history with the UA tester but those UA's that cost a few cents aren't always accurate so that's why we went for the UA at the lab thats tested by a doctor to test for levels and such. Thanks!

Yes, if the lab at the court produces UA tests that are court admissable, that's fine. When it comes to custody issues, it's always safer to be overly cautious and go with the more complex test that is more accurate.
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