QUESTION
Since she already agreed to the follicle test, can the judge still make her comply with our original agreement to complete it?
Asked on Oct 02nd, 2013 on Family Law - Michigan
More details to this question:
Father and mother both agreed to follicle testing during mediation, a week later, Mother is trying to modify the follicle testing to Urine testing since that is the only type of drug test a court can order on its own.
3 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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I will say that in Arizona a family court judge or hearing officer can certainly order a party to submit to a hair follicle test. You should consult with an experienced family law attorney in your area to discuss this issue.
Answered on Oct 04th, 2013 at 11:23 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't know where that came from about only ordering a UA. In a criminal case perhaps, but in a child custody case, the court can order the type of test it believes appropriate. Moreover, since both of you agreed, there should not be a problem with it.
Answered on Oct 03rd, 2013 at 3:39 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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I am unaware of any "rule" in Michigan prohibiting a Judge from ordering a hair follicle test. Depending on the length of the hair sample, a hair follicle test is almost always WAY more reliable than a urine test. I would not recommend the Father agree to allow the Mother to only do a urine test, especially considering she already agreed to do a hair follicle test.
Answered on Oct 03rd, 2013 at 10:34 AM