Can I be drug tested in my little brother’s custody battle?

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Can I be drug tested in my little brother’s custody battle?

My father is seeking custody of my little brother. I do not live with my father and brother. I am a full time college student and sometimes my brother comes over and I will help him with his homework. There is no guardianship requested for me or anything like that.

Asked on October 2, 2012 under Family Law, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Any judge only has jurisdiction over the parties to the suit-- which are usually the parents.  Kids are not technically "parties", but rather the subject of a custody suit.  Even when using a "party" approach to kids, it would only apply to those kids who are the subject of the suit.  Considering your age, it doesn't seem like this is your fight or your custody suit.  So, no, the court cannot order you to be drug tested.  However, if there is a concern that you do use drugs and one parent wants you excluded as a babysitter, then the court, based on their concerns, can order that your father not use you as a sitter until such time that you are willing to give and pass a drug test.  Even though it would affect you, the order would be directed at your dad, no you.


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