Q: My son's father has sole custody. He uses drugs everyday. How do I get the court to order a hair follicle test?
I can't afford an attorney, but can afford to pay for the hair follicle testing of drugs. I would also like to pay for my own hair follicle test to be used in court.
A: In order to file a motion for a hair follicle test, you would need to file for a modification of custody. You would file a separate motion for a hair follicle test, typically after the order to show cause is signed depending on the facts of your case. Keep in mind, the other party has to have an opportunity to object to the motion.
A: I can't think of any easy way to do this. I would focus on objective evidence of how the father's behavior is negatively impacting your son. You are going to need a lawyer to help you with this most likely. But look for things like school records showing that your son isn't doing well or that he is frequently absent. Are there concerns about your son's behavior that his teachers are telling you about? Is the house where your son lives not being cleaned properly? Is there a problem with your son getting proper food and enough sleep? If this is about the father smoking marijuana the court isn't going to be concerned unless it is interfering with how your son is doing. Also the court would be concerned if the father is driving while under the influence. You could look up at the court whether the father has any concerning traffic or criminal matters. The court records are public records.
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