Can a GAL decide that my ex can order me to drug test in our custody case?
ANSWER: While, in Utah, 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.
Utah Family Law, LC | divorceutah.com | 801-466-9277