Drug Testing Mother

[yamaha284]

What is the name of your state (only U.S. law)? I live in CA and have a child custody order that allows me to drug test the mother. I talked to a drug testing facility and they said since its not determined whether 10 panel or hair follicule that I can do either.. is this true? Also, do I have to go through my lawyer for this as I couldnt reach him friday and want to get it done today... Any help would be appreciated.

 

[Just Blue]

a child custody order that allows me to drug test the mother.

Please clarify the ORDER without names. Thank You.

 

[yamaha284]

It just states mother and father will participate in drug testing.. Parents will follow the protocol of the drug testing site. Four tests will be paid for by each parent (two each) prior to testing. After each test, the individual tested will pay for the positive test results. The other party will pay for the negative results. A test is considered positive if there is a failure to appear and also if there is eidence of flushing. Test methods will be accredited by a county, state or federal agency. They will also be supervised..

I set this up since I asked for drug testing which I would pay for in the ex parte but they got it denied... bummed me out because i know shes a user.

 

[mistoffolees]

It just states mother and father will participate in drug testing.. Parents will follow the protocol of the drug testing site. Four tests will be paid for by each parent (two each) prior to testing. After each test, the individual tested will pay for the positive test results. The other party will pay for the negative results. A test is considered positive if there is a failure to appear and also if there is eidence of flushing. Test methods will be accredited by a county, state or federal agency. They will also be supervised..

I set this up since I asked for drug testing which I would pay for in the ex parte but they got it denied... bummed me out because i know shes a user.

We're not interested in your interpretation of what it says. Please provide the exact wording - WORD FOR WORD but without the names. In particular, that doesn't say who can order a test or when the tests are scheduled.

 

[yamaha284]

that is exactly word for word...and it doesnt say anything about when or anything. The mediator just told us we can ask for it from the other party at anytime. the last sentence about the ex parte is obviously my statement.

 

[Proserpina]

that is exactly word for word...and it doesnt say anything about when or anything. The mediator just told us we can ask for it from the other party at anytime. the last sentence about the ex parte is obviously my statement.

The problem I see is that the order is too vague. So vague as to be very difficult to actually enforce.

Speak with your attorney - but I can't see you drug-testing Mom today, and she likely won't be in contempt for not agreeing to your request.

 

[yamaha284]

ya.. I did talk to him awhile back and he said I just need to go to a facility and pay for it and then let her know... didnt say whether pee or hair test though. It's annoying because my attorney doesnt communicate with me that much but hes supposed to be one of the best and when we do go to court he gets **** done and gets out.. hes expensive hourly but not to bad overall in costs. Should I be concerned? Everyone that has had him that ive talked to got what they were striving for and said he just doesnt communicate until he thinks we have enough to go back to court. Right now we are waiting on a sopeana for a police report because she moved my son into a house (her bf that she left me for) that was raided by the DA for drugs and several arrests were made for controlled substance intent to sell.. the cops wont give me any more info than that so we are just waiting for the report. It's been the worst nightmare ever... all I can think about is my son and how he's treated by her.

 

[mistoffolees]

The problem I see is that the order is too vague. So vague as to be very difficult to actually enforce.

Speak with your attorney - but I can't see you drug-testing Mom today, and she likely won't be in contempt for not agreeing to your request.

I'm having a hard time believing that we have the actual order - that is far too disjointed for a normal court order. But if that is what it says, I agree with you. It's probably unenforceable and there's no way OP is going to be able to force ex to submit to drug testing.

 

[yamaha284]

well, this was what came out in the mediation report that we both agreed to drug testing and then we signed it as a court order on our next hearing. during mediation she wouldnt agree to it and they argued for a couple minutes at least until he said he would recommend it if she didnt agree to it so she might as well since drugs are being questioned by the father (me).