Lawrence, MA asked in Family Law for Massachusetts

Q: Do I have to submit hair follicle test without prior drug abuse history? These allegations came from parents of my abuse

Paternal g.parents have temp. Guardianship. They accused me of drug abuse for the first time out of 3 or 4 previous hearings. I have never been in trouble or in treatment for drug abuse. The court ordered hair follicle testing. G. Parents have zero proof. My ex claimed on the day of the assault I was under the influence of illicit drugs. Father and I were never wed. Why is the judge being so harsh with me? It seemed like hardly enough to warrant follicle testing. I believe they are going to try for full custody. I’m so lost.

Related Topics:
1 Lawyer Answer
Brian Waller
Brian Waller
Answered
  • Worcester, MA
  • Licensed in Massachusetts

A: If you have no history of drug abuse you should just take the hair follicle and then you eliminate that as an issue that can be used in your case. If you are trying to avoid the hair follicle because of what it will show, then there isn't really much you can do if it was already ordered. If you refuse to take it or otherwise don't comply the Court will just assume it is because you think you would have tested positive.

One way that it could be avoided would be to enter into an agreement to resolve the case instead of continuing with the court process. Depending on what the case is about, you could agree to something with the other party as a judgment then the hair follicle may be irrelevant. That may not apply in your situation depending on the type of case, but unfortunately, there is no easy way out of taking the test once it has been ordered that I am aware of.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.