Q: Question about family law and drug tests
Dad has an order in place that says he can ask for a drug test of mom and the boyfriend at any time. Dad has to pay for it. If they fail the test, they have to pay dad back. However, we can't get a straight answer from our lawyer about if they refuse to take it. Is failure to take a test the same as failing it in the eyes of the court?
A: If the Order was made properly it will say what is to happen in the circumstance of refusal. However, the most common remedy would be for dad to file a motion to show cause. Typically if mom and boyfriend don't have good cause for the refusal they will be ordered to comply and likely have to pay dad's attorney fees. Of course, forcing mom and boyfriend to submit to the drug tests really isn't what you should be concerned about it is what happens if the result of the test is positive for drugs. If all they would have to do is pay pops for the testing - who cares if the result is positive or not.
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