Full question:
A restraining order/show cause along with revised parenting plan for no parental rights and supervised visits. With no witnesses or personnel knowledge the petitioner has asked the court for a hair follicle test for drugs? The judge has requested this from the respondent. The respondent has no record or even a traffic infraction. Does the 4th and 5th amendment and also privacy laws an argument to not comply with the request? Can the judge use a refusal as an admission of guilt?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Washington
Answer:
The courts generally do not extend the right against self-incrimination (5th Amendment) to non-criminal matters, such as custody disputes. Hair follicle testing is increasingly common in custody cases to assess parental drug use, which is crucial for determining the child's best interests. Refusing to take the test may raise more concerns for the court than the test itself, especially if it has been ordered.
Here are relevant cases from Washington regarding hair testing in custody disputes:
- The Marriage of Turner: The mother was accused of methamphetamine use. A hair test confirmed this, leading to the father being awarded custody.
- The Parentage of B.L.W.: The father alleged the mother used methamphetamines, and a hair test corroborated this, resulting in custody being awarded to the father.
- The Marriage of Hicks: A hair test showed no drug use, and custody was awarded to the mother.
If you believe the court lacked pertinent information before ordering the test, consult a local attorney experienced in child custody cases.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.