Vineland, NJ asked in Family Law and Child Custody for New Jersey

Q: Can I refuse a hair folicle test?

are results admissable in family court

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1 Lawyer Answer
Richard Diamond
Richard Diamond
Answered
  • Divorce Lawyer
  • Short Hills, NJ
  • Licensed in New Jersey

A: I presume that there is an issue outstanding as to drug use and either your spouse, former partner, DCPP, there is an application before the court to compel you to submit to a hair follicle test or there is a court order entered requiring the hair follicle testing.

The bigger question has to do with the purpose of the hair follicle test. If it relates to your parenting time with your child and there is a concern as to your involvement with drugs, then presume that there is a legitimate basis for testing. If its for a different purpose, then a lawyer may have a stronger argument to prevent the testing. The bottom line is that this is a serious issue and you should meet with a family law attorney to review the details of the request and whether it is proper or whether there is a basis to challenge it.

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