Drug Test Positive.....

[sja3901]

What is the name of your state?

Massachusetts

Ex was drug tested Tuesday (finally!) by probation and he came back positive. I have schedule an apointment with a lawyer in November. I want to change our visitation order from that "reasonable" crap to something with set time frames and stipulations. So my question is how will the positive drug test help me get my order modified?

I am looking at asking for no overnights or overnights at his parents address only. I also want right of first refusual and the order to state that he is not aloud to take her out of state.

Any advice or suggestions on other things I should ask for????

 

[sja3901]

Bump, Bump

 

[snostar]

Supervised visits, mandatory furture drug tests, and treatment........to start with. What kind of test was it? Urine? Hair? Blood? - Does the test state the amount of the substance found?


I pray for all children!

 

[snostar]

dah......pardon me, what is your current custody agreement? And temp. custody would be another obvious request I failed to mention.

 

[sja3901]

Current custody: I have sole physical and we have joint legal.
I believe it was a urine test although I don't know what they found but they did find something. Probably marijuana I would imagine.

 

[FJ1200guy]

What the?

You have sole custody.... and he is allowed only "reasonable" visitation? Well, damn, looks to me like you have it made already! If you want a set schedule.... just set it. If he doesn't like it, HE would have to go to court to get it changed.

The drug test is one tool you could use (if you even need it) to justify whatever your "stipulations" and "time limitations" would be.

But I may be wrong (and someone PLEASE correct me if I am) but you already seem to hold all the cards.

 

[snostar]

Since there is joint legal custody, the father has just as much right as you making decisions for the child. Although, when you have physical custody of the child - you decide what is reasonable. In this case, personally I would allow only supervised visits until you can get to court. From your original post I can see you have every intention of upholding the father-child relationship - this is very good for the child!

A urine test only goes back 3-5 days- that's why I asked, cause hair tests can go back a much longer time period. Your lawyer can request a hair test to get a better sense of frequency and duration of use.

Regardless, a positive test is grounds for immediate temporary custody.
Good Luck!

I pray for all children!