Los Angeles, CA asked in Child Custody and Divorce for New Jersey

Q: Can a judge order a paramour in a divorce case to be subjected to a hair drug test if they are not part of the divorce?

This stemmed from a denied emergent hearing that ended up with a set court date. The accusation stems from an old charge that was dismissed in exchange for probation and the probation has ended.

This is out of jealousy because the children love him and my ex wants him out of their lives.

Do you know of any cases that set precedence for denial of this besides Tennen V Tennen?

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1 Lawyer Answer
Leonard R. Boyer
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Answered
  • Divorce Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: A judge has wide latitude to order almost anything when children are involved. You are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you could get slaughtered (figuratively speaking). During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by geography anymore in terms of choosing an attorney. You can “Meet” your attorney online for an initial strategy session from the comfort of your own home. Through mail, e-mail and electronic filing almost everything can be done without leaving your home, for most types of cases. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.

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