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Can the court order drug/alcohol testing of the other parent?


Yes, if competent evidence that either the parent has a substance abuse issue, the court can order the drug or alcohol testing of the parent. Competent evidence could include a criminal record(DUI) involving substance abuse, witnesses to the substance abuse or other social media depicting the substance abuse. The Court must make a finding that based on a preponderance of the evidence that the parent engages in habitual, frequent or continual use of such substances. The mere partaking in social drinking is insufficient. In addition, Ca has had a medical use of marijuana provision for quite sometime. Obviously the parent with such a medical marijuana card does not deny the use of marijuana and feels justified in partaking in marijuana smoking anytime anywhere. Although the court will not restrict the actual use of marijuana provided the parent has he requisite medical card, however, the court can both limit the time and place that the parent partake in their marijuana to the extent it compromises that parent's ability to provide adequate care for the child.

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