Westerly, RI asked in Family Law, Child Custody, Domestic Violence and Health Care Law for Massachusetts

Q: Will the Judge in Family Probate, still require me to take a drug test if I prove I'm being falsely accused?

My daughter's father is falsely accusing me of using drugs and/or improperly using drugs. He's requesting I take a hair follicle test but I have evidence to prove that. How would I go about filing for slander, disobeying court orders and being falsely accused? Also, I entered a modification to be awarded custody of my daughter due to her being mentally and emotionally abused by her father and step mother. Just reading what I wrote, how difficult will this be?

1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
Answered
  • Divorce Lawyer
  • Woburn, MA
  • Licensed in Massachusetts

A: Usually random drug screens through the Court's probation department provider would be ordered where there is such an accusation. If you are willing to do so you can also ask the Court to have father so screened. The focus should be on establishing that you are not abusing drugs and are able to provide care for your child in her best interest and not on a slander action.

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