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Is it legal to require a drug test in a divorce agreement?

yup.. if it's agreed to by both parties or if the judge orders it. i requested my ex be screened for drugs/alcohol due to his problems. it was ordered. he passed up until he smashed his sports car into a tree one night drunk as a skunk.

So in your opinion, if the father is un-willing to submit, if this was mentioned in court, the judge might look at this unfavorably?

if there is a ligitimate reason or cause to concern towards the care of the child and the capacity of the parent... When I asked the judge to impliment random drug testing on my ex since he refused on his own will. the judge just looked at him and said..."what is it that you are trying to hide? if you're clean then there's no reason not to for the sake of your child"

but mind you, I had witnesses from where he was living that he was doing drugs as well as some accident reports while driving intoxicated. If i had no legitimate reason, I don't think I would have that order from the judge.

In this issue, the mother is trying to get full custody. The father is not interested. She doesnt want a full blown court battle, so she feels that it is a good trade. Him consenting to full custody, or asking the court to force him to submit to a drug screen. He is an avid pot smoker. Although the boy is only 4 now, she feels that this is her best opportunity.

In this issue, the mother is trying to get full custody. The father is not interested. She doesnt want a full blown court battle, so she feels that it is a good trade. Him consenting to full custody, or asking the court to force him to submit to a drug screen. He is an avid pot smoker. Although the boy is only 4 now, she feels that this is her best opportunity.

well someone who is dependant on illegal drugs should not be in any way left responsible for a child. I know some people don't consider pot to be a "real" drug, but it does impair one's judgement capabillities. I for one would be doing the same thing that this woman is doing in her situation to protect the child.

My ex was a major pot head. Durring our first custody hearing I mentioned it to the court and they ordered a reccess for both of us to submit to a drug test there in the court house, on the spot. Sure enough he tested positive. We went back in the court room and the physcologists openly said " Your honor, I know marijuana is an illegal substance, however I don't think that it is something that should affect this case. I Don't think that the father should have a time-share reduction because of it." :ooo: :o And so he walked out with the same amount of time. And nothing happened to him for it. All the other parents in the court room, waiting for their case to be heard, had their mouths drop.

I guess that's New Mexico's judical system for ya!!