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Hair follicle drug tests can lead to false positives

Oklahoma parents who have child custody cases pending in the court system might want to learn about a new study regarding hair follicle testing. Many family courts order people to take drug tests when allegations of drug use are brought by the other parent.

The study, completed by researchers at the Institute of Forensic Science in Germany, showed false positive results can happen with hair follicle tests for marijuana in some cases. According to the researchers, second-hand exposure to the smoke, touch or sweat of a marijuana user can result in a positive test.

This is potentially a big issue for people who are in family court. A positive drug test can lead to a parent's being restricted to only having supervised visits with their children. Even worse, in some cases it can result in their losing their right to see their child at all. Courts need to be made aware of this study so that they do not order hair follicle testing. When a drug test is necessary, they should order an alternative test, such as urine screening, instead.

When a parent is going through a child custody dispute, they may have to deal with many accusations being levelled at them by their child's other parent. When an accusation of marijuana use around the child is raised, the parent may want to seek out the help of a family law attorney. An attorney may be able to successfully argue against the client's submitting to a hair follicle test if the client has merely been exposed to a marijuana user. Even if the parent has in the past used the drug, the attorney can argue that denying custody or visitation on that basis alone would not be in the best interests of the child.

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