Can the government mandate a urine test in order to get partial custody of their child ?

Question

My cousin is trying to get split custody of his daughter. He went to court today and his baby momma told the court he smoked. This caused alot of issues. He is willing to quit smoking but would rather not. Can a court mandate a UA for temp custody.

Answer 1

I know smokers are the last social pariahs, but since when does someone being a smoker make them an unfit parent?  As long as he goes outside to do it and doesn't smoke anywhere near the baby, I don't see what the big deal is.  Yes, it would be better for him in the long run if he were to quit, but it has no bearing on his ability to parent his child.

I guess the question of the urine test will depend on whether the judge thinks his smoking is a big deal or not.

Answer 2

ok, my ex did DRUGS. ok. pot, x, and crack. I mandated that he was tested. LOOK a WOMEN has all the RIGHTS just remember that. the MAN has to FILE 4 the rights to see the child. if a women see that her man or her ex, is incapable of taking the child then she has the right to FIGHT for whats right for the child! I'm studying LAW so hit me up if you need help!! also whatever STATE your in you can look up, your state and the courts law for child custody. I proved that my baby's father was on drugs and he HASN'T seen her for 8 years!! I proved HIM unfit to be a parent! so whatever it is that he is on BE BETTER STOP!! and be in that child's LIFE!! the women has the right to say NO to whatever she wants to see, or get on the days that he wants the child so be careful!!

Answer 3

It should be perfectly legal to do tests on parents before releasing the kids into parental custody.  I don't think regular smoking is going to crash the case, but pot smoking, illegal drugs & crack...No judge in his right mind would turn over kiddos to a dad who's doing drugs.

TX Mom

Answer 4

That is hard to say because in order to protect the best interest for the child they may want to assure that the baby is in a safe environment. Depending on what state you live in, they may side more with the mother then the father. I live in Wisconsin, which is what people refer to as a "mother" state. Wisconsin gives the mother the right to choose what she wants to do with her baby, i.e. get an abortion,put it up for adoption. In Florida, however you need both the mother AND father have to consent before the mother can have the abortion. I would suggest he stop smoking just for safety's sake.