The Process of Obtaining Hair Follicle Drug Testing
How much evidence does it take for a judge to grant a motion for hair follicle drug testing? I’m Tulsa Attorney James Wirth and that’s the question that we have. The feedback that I’m getting is that a lot of people believe it may be difficult, that they may have to show a lot of proof in order to convince a judge to allow that testing, but that is generally not the case.
If you can show the judge that there’s reason to believe that there could be concerns or issues, then most judges are readily available to go ahead and grant that. However, they may require you to front the costs of it, and perhaps that’ll be reallocated if it turns out that the test is positive.
But ultimately, if we’re talking about a custody case or visitation, if we’re talking about people being around the children that are the subject of the court action, where the court has an obligation to ensure their best interest, then the mental health of those people being around, the parents that are involved in the case, is gonna be highly relevant to the case.
Why Mental Health and Drug Testing Matter in Custody Cases
You’ve got a right to discovery as to those things. So if you’ve got pretty much any reason to believe that you can demonstrate to the court, you should be entitled to an order for a drug examination, or if there’s mental health concerns, a psychological examination. You just might have to front the costs of it, subject to allocation, depending on how the results turn out.
So is it really hard to convince a judge to get drug testing ordered? It is generally not, and if there are concerns, it is definitely worthwhile to do for the protection and the best interest of the children.
Take Action for Your Custody Case
If you’re dealing with a custody matter in the state of Oklahoma and you’ve got questions, you’re gonna want to talk to an attorney about those questions privately, confidentially, to receive legal advice specific to your circumstances. To get that scheduled with somebody at my office, you can go online to MakeLawEasy.com.
