Q: Can a parent legally drug test a child at home without a court order during a custody battle?

A: You said that the prior judge directed the father to submit to a drug test but that the father failed / refused to submit to the test.

Now, there is a new judge assigned to the matter and you are fearful that the father will privately drug test your 18 month old child.

I presume that you are not fearful that the father will now submit to a drug test but instead submit your child to a drug test and I presume the concern is that your child will show evidence of drugs in his / her system and the father will attempt to blame you for the presence of the drugs.

Since the father refused to submit to the drug test when ordered to do so, what proofs would he have that any drugs in the child's system were caused by you?

The more important question is why didnt you enforce the order that required the father to submit to the drug test?

If the court ordered the testing and the father refused to comply, then you had the right to take action before the court for relief.

Similarly, if you were ordered to do something and the custody of your child is at stake, I would make sure that you are in complete compliance with the court's directives, regardless of whether ordered by the current judge or the prior judge especially if you want to point a finger at him for his noncompliance.

A: If the father does so, not only would it not be legal it would not be accepted by the Court. You need to retain an experienced matrimonial attorney. 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. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.