Robert T. v. B.M. CA1/1
This appeal arises from a child custody and visitation dispute between appellant Robert T. and respondent B.M. Robert contends when he sought legal custody of his daughter, B.M. accused him of drug and alcohol abuse. After a hearing, the trial court ordered Robert to submit to a hair follicle test. On appeal, Robert argues the trial court erred in ordering him to submit to the hair follicle drug test over his objection. Because the law is clear a trial court cannot compel a party to a custody or visitation proceeding to submit to a hair follicle drug test under Family Code section 3041.5, we find the trial court erred. We reverse the order directing Robert to submit to and pay for a hair follicle drug test and related visitation orders.
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