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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13506
Experience:  Experienced in multiple areas of the law.
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My baby momma left me and my 2 kids 5 months ago for a

Customer Question

my baby momma left me and my 2 kids 5 months ago for a druggy. I have taken care of my kids full time since and there in a safe environment. She called ohs on me 3 days before the custody hearing which as of now i have temporary full custody. do i have to go along with dhsz bullshit just because she said something thats not true about me. Like I'm on drugs
JA: Family law varies by state. What state are you in?
Customer: iowa
JA: Have you talked to a lawyer yet?
Customer: i told him bout it it just so happens my lawyer is the county attorney who is the ohs guys boss so I'm just even wondering if i should use him for a lawyer
JA: Anything else you want the lawyer to know before I connect you?
Customer: not really
Submitted: 2 months ago.
Category: Family Law
Expert:  RobertJDFL replied 2 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 2 months ago.

Good evening,

Do you legally have to cooperate? No. Despite what they might tell you, there is no law that says you have to participate in an investigation or cooperate, unless court ordered to. But before you go dismissing them, think of how this might look if it ended up in front of a judge and you weren't cooperative? On the other hand, if the allegation is that you are using drugs, but you don't, that's easy enough to disprove. They'll likely want you to submit to a drug test. They may talk to other people in your household, or your children (if old enough) to ask if anyone has seen you using drugs. Assuming that everything comes back negative, the matter should be closed.

Customer: replied 2 months ago.
But I feel like i shouldn't have to submit a drug test just because my ex says I'm doing drugs cause as soon as I disprove that there will be another allegation she wont stop
Expert:  RobertJDFL replied 2 months ago.

And I can appreciate where you're coming from, and as I said, nothing legally obligates you to cooperate with child services, unless a court makes you. So if you want to refuse, that's your right. I can't advise you what to do -I'm not your lawyer, and ultimately, even if I was, it's your decision, but I want you to make an informed decision, whatever you decide, and consider that before you make your choice.

Customer: replied 2 months ago.
How likely is a judge to order it if it ends up in front of him don't they need more proof than just one person telling them sonething before they offend someone by making them participate in any action that requires there time
Expert:  RobertJDFL replied 2 months ago.

The court will order a drug test if if it can be clearly shown the reason for the request. Judges aren't stupid, so one parent merely requesting it without any type of supportive evidence is not likely to be enough for a judge to grant such a request.