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Drug Testing in NY Divorce and Family Court Cases

Drug Testing in NY Family Court and Divorce Cases

Drug Testing in NY Divorce and Family Court Cases

If are you are a litigant in a New York State family court case, or in a divorce pending in a New York Supreme Court you can be subjected to a mandatory drug test with the results reported directly to court, and to counsel.

A request for a drug test can come up if there are allegations on either side of either alcohol or drug use or drug abuse. Generally, it has to be more then a bare-bones request and there has to be some merit behind the request. The parties have to be acting in good faith. The Judge will generally order that both parties submit to mandatory drug tests. A family or divorce lawyer whose client is the subject of a mandatory drug test will want to investigate whether this claim has any basis or is merely an attempt to harass the other side. One strategy is to request that the requesting side pay for the drug tests, or in the alternatively pay for it if it yields negative results.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

A common misconception is that a party subject to a mandatory drug test can refuse based on his or her constitutional right not to incriminate yourself.  However, the the constitutional right against self-incrimination deals only with criminal charges not in civil matters regarding custody and visitation.

A positive test result for drugs is a valuable tool to the party seeking custody and/or supervised visitation.  The more one parent uses drugs or alcohol the more the court will likely favor the other parent. A positive result can be evidence that you are unfit to be the custodial parent and/or to have unsupervised visitation. The Judge will have fears that the child can be exposed to the parent drunk or high on drugs and can be neglected. Further, the Judge might have concerns that the child will be subject to behaviors that often accompany drug and alcohol abuse.

If the party seeking visitation has a history or drug or alcohol abuse, the opposing side can request that prior to any visits the party undergo a drug test. If the party fails the drug test,  they can forfeit that visit. If there are a certain number of failed drug tests, then the party can lose their visits altogether.

However, it is not the use along  that is the issue –  it is the effect of the drug and alcohol use on the parents ability to raise the child.  There is case law in New York that will favor the parent with a history or drug and alcohol use over a parent who has no meaningful interaction with the child. The court will also look to see if the parent with a history or alcohol and drug use has been pro-active in keeping clean, in getting help, etc.

Generally, in New York the Judge will request a urine analysis and a hair follicle test.

Urine Analysis in NY Family Court or divorce Cases

Generally, the way urine analysis works is the patient will take a small clear cup into a bathroom and an employee of the drug testing company will stand outside the bathroom. Upon receipt of the sample, they will test the temperament of the sample to make sure it has not been tampered with and then send it in for testing.

Hair Follicle Test in NY Family Court or Divorce Cases

Generally, the way the hair follicle test works is the patient will have a small amount of the hair taken from their head or other part of their body and it will be sent for testing.

The 2 facilities that are often used in New York City are Quest Diagnostics and Bendiner & Schlesiner, Inc.  However Bendiner & Schlesiner, Inc. has now switched their testing over the Labcorp

Spodek Law Group P.C. is a NY Family Law Firm and NY Divorce Law Firm with offices in Manhattan, Queens and Brooklyn. Please call us at (888) 977-6335 for a free consultation.

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