Question: My ex wife has primary physical custody of our three children all under 8 years old. We share legal custody.
She has a history of drug use and I have reason to believe that she, along with her live-in boyfriend, is using marijuana again.
Can I have her drug tested? How do I get the court involved in this?
Answer: If you suspect that your ex-wife is using drugs you should contact an attorney immediately regarding a motion for modification of placement. I do not practice in Indiana. However, Cordell & Cordell has many attorneys licensed and located in Indiana who would be happy to help.
Because I do not practice in Indiana and I do not know the entire situation, I cannot tell you whether you can file a motion to modify placement. Depending on the circumstances and the laws in your state, you may be able to request a drug test during the court proceedings. A urine or blood screening is an invasive request.
Therefore, unless your divorce decree requires her to submit to a drug test upon request, you will need to obtain a Court Order. Because each state has different laws relating to custody and placement of children, you should contact an Indiana attorney immediately.
Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.