Q: Can I overturn a hair follicle order after a clean urine screening?
My co-parent filed a motion for an emergency custody hearing based on the following:
- I was using illegal substances
- I was kicked out of my home
- I have no job
The day of the hearing I came to court with a lawyer that I had retained. I also had two letters of support from my daughter's psychiatrist and her therapist, a letter of employment, and my mother there to testify that I did, in fact, still reside in her home. Additionally I had a clean urine screening that I took the day before. I have no prior drug related charges or Criminal history at all. Upon presenting the evidence to the judge, my daughter's father demanded a hair follicle test which the judge granted. My lawyer failed to request a hair follicle test for her father nor did he argue that none of the allegations were substantiated. I feel like my lawyer failed and I don't know how to feel this order in an emergency hearing with a new lawyer. What are my my options to overturn the order for a hair follicle test?
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