Can GAL decide that my ex can order drug test in custody case?
While only your judge or commissioner can make orders, sometimes guardians ad item, or GAL’s, as they are called, would like to think that they have a judicial powers, but they do not. However, you should know that quite often lazy and/or apathetic judges and commissioners like to defer to GAL’s more than they should. And so if a guardian ad litem were to recommend a drug test, and could give some minimally valid reason for it, the court will likely do as the GAL desires and recommends. But if a GAL “demands” that you submit to a drug test, you are under no obligation to submit without either a court order to do so or a court order that empowers the GAL to make you submit to testing upon his/her demand.
Utah Family Law, LC | divorceutah.com | 801-466-9277