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Child Custody concerning suspected drug use by custodial parent

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dek0567

Junior Member
What is the name of your state (only U.S. law)? Oklahoma
I am appearing Pro Se in a child custody motion next week Legal Aid assisted me with paperwork, in the papers I filed I am requesting my son's father submit to a hair follicle test as I have reason to believe he is using illegal narcotics. He has never been self-sufficient. He's 35, still resides with his parents, & they supply all provisions for both he and my 11 yr. old son. I live with my older son(19), mother of his child (18), my granddaughter & my son's friend (19) who has lived with us since his mother became ill with a fatal liver disease, his father is also deceased. My question is The paternal grandparent say they'll request everyone in my household submit to hair follicle tests also to prevent me from gaining custody. Is there any chance of this being granted & if so, could it affect my chances if any of them failed? Also, could it affect my granddaughter who resides with us? Note: I have been clean since Aug. 14, 2005, so I know I will pass.
 


sandyclaus

Senior Member
What proof do you have that he is using drugs?
x2...

What reasons do you have for believing that the CP is using? Has his behavior changed significantly in recent months? Have you or anyone else actually witnessed this drug use or has someone seen illegal drugs in his home or in his possession?

Unless you have strong grounds for making such an accusation, it is unlikely that the court would require CP to submit to a drug test of any sort. And if the court rejects your request due to insufficient grounds to order such a test, then it is also likely that they would see this as a desperate attempt to influence the court in deciding on that pending custody issue that is to be decided at your hearing.

Since you admit that you have used in the past, it is entirely possible that the court may entertain a motion to have YOU tested, especially if that information could be a factor in deciding whether or not a change of custody arrangements is to take place.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Oklahoma
I am appearing Pro Se in a child custody motion next week Legal Aid assisted me with paperwork, in the papers I filed I am requesting my son's father submit to a hair follicle test as I have reason to believe he is using illegal narcotics. He has never been self-sufficient. He's 35, still resides with his parents, & they supply all provisions for both he and my 11 yr. old son. I live with my older son(19), mother of his child (18), my granddaughter & my son's friend (19) who has lived with us since his mother became ill with a fatal liver disease, his father is also deceased. My question is The paternal grandparent say they'll request everyone in my household submit to hair follicle tests also to prevent me from gaining custody. Is there any chance of this being granted & if so, could it affect my chances if any of them failed? Also, could it affect my granddaughter who resides with us? Note: I have been clean since Aug. 14, 2005, so I know I will pass.
It could affect your chances if ANY of them fail. It could also affect custody of your granddaughter. Why? Because quite frankly, why should your son be moved to your home if you have druggies there? Druggies who do NOT have a constitutional right to be around your child? Why are you requesting your son's father submit to the test? Does dad have custody of the child at this point? Are you hoping that if he tests positive that would be a change in circumstance to allow you to get custody?
 

mistoffolees

Senior Member
x2...

What reasons do you have for believing that the CP is using? Has his behavior changed significantly in recent months? Have you or anyone else actually witnessed this drug use or has someone seen illegal drugs in his home or in his possession?

Unless you have strong grounds for making such an accusation, it is unlikely that the court would require CP to submit to a drug test of any sort. And if the court rejects your request due to insufficient grounds to order such a test, then it is also likely that they would see this as a desperate attempt to influence the court in deciding on that pending custody issue that is to be decided at your hearing.

Since you admit that you have used in the past, it is entirely possible that the court may entertain a motion to have YOU tested, especially if that information could be a factor in deciding whether or not a change of custody arrangements is to take place.
Yep. This one could come back to bite OP in the rear.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Oklahoma
I am appearing Pro Se in a child custody motion next week Legal Aid assisted me with paperwork, in the papers I filed I am requesting my son's father submit to a hair follicle test as I have reason to believe he is using illegal narcotics. He has never been self-sufficient. He's 35, still resides with his parents, & they supply all provisions for both he and my 11 yr. old son. I live with my older son(19), mother of his child (18), my granddaughter & my son's friend (19) who has lived with us since his mother became ill with a fatal liver disease, his father is also deceased. My question is The paternal grandparent say they'll request everyone in my household submit to hair follicle tests also to prevent me from gaining custody. Is there any chance of this being granted & if so, could it affect my chances if any of them failed? Also, could it affect my granddaughter who resides with us? Note: I have been clean since Aug. 14, 2005, so I know I will pass.
I don't think that a judge can order people who are not parties to the case to take drug tests...at least not without some evidence of danger to children in the household.

I recommend that you consult a local attorney on this issue. You don't have to hire one, but you really should at least consult with one.
 

Ohiogal

Queen Bee
I don't think that a judge can order people who are not parties to the case to take drug tests...at least not without some evidence of danger to children in the household.

I recommend that you consult a local attorney on this issue. You don't have to hire one, but you really should at least consult with one.
The judge CAN make the OP prove that no one in her household is using drugs. If she does not do that, the judge can deny her custody of the child. So yeah, the judge can force the issue.

Based upon what the OP has posted, I am getting the inkling that the people in her household HAVE USED recently.
 

LdiJ

Senior Member
The judge CAN make the OP prove that no one in her household is using drugs. If she does not do that, the judge can deny her custody of the child. So yeah, the judge can force the issue.

Based upon what the OP has posted, I am getting the inkling that the people in her household HAVE USED recently.
I think its more the case that she has three 18-19 year olds in her household and perhaps cannot be certain that no one has partaken of an illegal substance recently.

Plus, a judge cannot just willy-nilly order drug tests. There has to be some evidence that there is a problem.

OP PLEASE get yourself a consult with a local attorney.
 

ecmst12

Senior Member
What is the change of circumstances in your child's life to allow you to file for a change in custody?
 

LikeAdvice

Junior Member
I am in the same situation! HELP please!

The Proof that i have that he is using drugs is on FACebook. He posts things up. I was wondering if a judge will use a Facebook page as evidence in court?
 

Ohiogal

Queen Bee
The Proof that i have that he is using drugs is on FACebook. He posts things up. I was wondering if a judge will use a Facebook page as evidence in court?
Like what? How do you know HE posts those things? What change in circumstance do you have to change custody? What drugs do you think he uses?And quite frankly POST YOUR OWN THREAD AND DO NOT HIJACK someone else's thread!
 

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