Can I be drug tested in my little brother’s custody battle?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I be drug tested in my little brother’s custody battle?

My father is seeking custody of my little brother. I do not live with my father and brother. I am a full time college student and sometimes my brother comes over and I will help him with his homework. There is no guardianship requested for me or anything like that.

Asked on October 2, 2012 under Family Law, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Any judge only has jurisdiction over the parties to the suit-- which are usually the parents.  Kids are not technically "parties", but rather the subject of a custody suit.  Even when using a "party" approach to kids, it would only apply to those kids who are the subject of the suit.  Considering your age, it doesn't seem like this is your fight or your custody suit.  So, no, the court cannot order you to be drug tested.  However, if there is a concern that you do use drugs and one parent wants you excluded as a babysitter, then the court, based on their concerns, can order that your father not use you as a sitter until such time that you are willing to give and pass a drug test.  Even though it would affect you, the order would be directed at your dad, no you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption