Oakland, CA asked in Family Law for California

Q: C.p.s case

My baby my baby was taken from the hospital because the mother had drugs and and also the baby and now they're saying that they have evidence that I was lethargic and difficail to wake up when they came to interview me can they use that in court, for me to get drug tested

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you are the father of the baby, the court may order you to undergo a drug test if there is evidence suggesting that you were under the influence of drugs or alcohol while caring for the baby. The court's decision will be based on what is in the best interest of the child.

In California, the court can order drug testing in child custody cases if there is evidence of drug use, or if drug use is suspected. The court can order testing of both parents or one parent. The test can be done through blood, urine, or hair samples.

If you are concerned about the evidence being used against you, you may want to speak with a family law attorney who can advise you on your legal options and how to protect your rights.

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