After doing much more research, I'm going in today to file my motion to dismiss drug screening. Wish me luck guys. And if you're the praying kind, that also.
The facts on this are here in case you're not familiar :viewtopic.php?f=7&t=78455
Here's my legal argument:
Petitioner fails to provide sufficient facts to, if taken on face value as being true,
indicate that the defendant requires a drug screening, or caused harm to the child,
and has failed to state valid reasons for which motion for drug screening can be
Prescription drug use, which is mentioned in the motion, is legal. There is
no claim of abuse, or claim of illegal drug use, nor a specific drug named
that gives reason for Petitioner to file this motion, therefore motion is
“Erratic behavior with family” is purely subjective and therefore
speculation, and not a valid reason to require a drug screening.
Moving/evictions/financial problems are not valid reasons to require a
drug screening. Respondent, like most divorced fathers, is under financial
hardship, therefore is only trying to find affordable housing in order to be
“Unstable living condition” is subjective and speculative, and gives no
specific reason to require a drug screening. David lives in a brand new
manufactured home. Whether or not Petitioner feels this is unstable is subjective and not
6. Petitioner only made a motion for drug screening after Respondent did not agree
to her demands in a timely manner.