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  1. #1
    dek0567 is offline Junior Member
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    Child Custody concerning suspected drug use by custodial parent

    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.
  2. #2
    stealth2 is offline Senior Member
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    What proof do you have that he is using drugs?
  3. #3
    Proserpina is offline Senior Member
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    And what is your end-goal here, Mom?

    What is the basis of next week's motion?
  4. #4
    sandyclaus is offline Senior Member
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    Quote Originally Posted by stealth2 View Post
    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.
  5. #5
    Ohiogal is offline Senior Member
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    Quote Originally Posted by dek0567 View Post
    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?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  6. #6
    mistoffolees is offline Senior Member
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    Quote Originally Posted by sandyclaus View Post
    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.
  7. #7
    LdiJ is offline Senior Member
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    Quote Originally Posted by dek0567 View Post
    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.
  8. #8
    Ohiogal is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    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.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  9. #9
    LdiJ is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    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.
  10. #10
    ecmst12 is offline Senior Member
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    What is the change of circumstances in your child's life to allow you to file for a change in custody?
  11. #11
    LikeAdvice is offline Junior Member
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    Question 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?
  12. #12
    Ohiogal is offline Senior Member
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    Quote Originally Posted by LikeAdvice View Post
    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!
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  13. #13
    TheGeekess is offline Senior Member
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    Quote Originally Posted by LikeAdvice View Post
    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?
    Please start your own thread and do NOT hijack another poster's thread.

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