Question by dana barlow: how do the courts in Florida view a failed court ordered drug test in a child custody matter?
this is in clay county florida and the magistrate has placed the child in the home on the father pending a child custody evaluation. the magistrate also ordered a drug test for both parties, mother and father. the father ( where the child is residing until final hearing) has failed his drug test with marijuana in his system. the test was a hair strand test. the mother past her test. WHILE I KNOW THAT THE FAILED TEST CANNOT LOOK GOOD TO THE JUDGE HOW BAD DOES IT REALLY LOOK? THE CHILD IS 16 MONTHS OLD.
THE CHILD WAS IN THE MOTHERS CARE FROM BIRTH TO 16 MONTHS. THE MAGISTRATE ORDERED TEMP. CUSTODY BE WITH THE FATHER DUE TO THE MOTHERS OUT BURST IN COURT. THE FATHER TOLD ALOT OF LIES AND THE MOTHER COULD NOT CONDUCT HERSELF. THE FATHER HAD NEVER PAID CHILD SUPPORT AND HAD ONLY MET WITH THE CHILD ON 6 SEPERATE OCCASIONS ( THE FATHERS CHOICE). THE FATHER ACCUSED THE MOTHER OF DRUG ABUSE IN COURT BEFORE THE MAGISTRATE. AGAIN, SHE DID NOT FAIL THE DRUG TEST BUT THE FATHER DID. I JUST WANT TO KNOW HOW BAD THIS WILL LOOK ON HIM BEFORE THE CHILD CUSTODY EVALUATOR AND BEFORE THE JUDGE AT THE FINAL HEARING?

Best answer:

Answer by Arthur W
The judge should reverse his original order and award the mother custody based on the evidence unless there are other unsaid circumstances prevailing in this case.

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