My ex-husband has custody of my son. He has a very stressful job and I have reason to believe that he is abusing drugs, specifically cocaine. My son has described his erratic behavior and I’ve seen hints of what I believe is my ex high on drugs. I also have a friend who will testify that my ex asked him for a cocaine “hookup.” Can I have the Court order a drug test? What are my options?

ANSWER

If this is a family court case you can ask for the Court’s Medical Services Office to do drug testing, home study, etc. but it has to be ordered by a Judge. A Judge would want to know your basis for having your ex tested and the best evidence for that is through witness’ statements and testimony. Can you get a signed written and dated statement from your friend as soon as possible relaying the information about you ex asking for a “hookup?” Can you get a commitment from him or her to testify? These will be important for you to prove why a drug test is needed.