Q: What is my next step after getting a continuation for an ex parte hearing on temp. Custody?
My ex husband filed for an ex parte hearing for temporary custody of our daughters. I received the paperwork 2 days before the hearing. I filed a motion for a continuation the day before the hearing but was told that the magistrate wanted me to verbally ask for the continuation. At the hearing the 1st thing I said was that I was asking for a continuation so that I could obtain representation. The magistrate granted the continuation and then she asked my ex husbands attorney if he had anything to say and he requested that both of us be drug tested. She asked me how I felt about it and I said that I didn't want to agree to anything without having representation. Somehow we still had to take the drug tests before leaving the court house. Was that allowed, after the continuation was granted then allowing drug tests?
A: Yes magistrate's have broad power to make orders to serve the best interests of the minor children of the case. The court will generally allow drug testing of parents if one parent offers to pay the cost or is alleging drug abuse and an emergency. It is highly advised that a parent involved in a custody dispute seek a local attorney who can help them navigate the motions and allegations which are being claimed by the other party. Especially if that parent may have an issue with a positive drug test.
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