What is the name of your state?
Florida (I live in Maryland but my wife lives in Florida and Florida has jurisdiction)
The Short Version
My ex-wife agreed to random drug testing in our mediation agreement which later became a court order. However, when I asked her to take a hair follicle drug test, she refused. She said that she was only willing to take a urine drug test. However, each time she does drugs she disappears for the next ten days and a urine drug test will only detect drug use within the last three to five days. How do I document my request that she be drug tested? Is it possible to get a court order mandating that she take a hair follicle drug test?
In our mediation agreement, it says that if she violates the drug use stipulations (maintaining contact, doing drugs) I can refuse to allow her visitational rights. However, I'm afraid that she will say that I never asked her to take a drug test.
The Long Version
I currently have primary custody of my children and my ex-wife Abby (not her real name) has them during the summer and Christimas break. However, this year the kids flew down to see her for their Christmas break and she disappeared the day before the kids were suposed to fly home. Her ex-boyfriend drove them to the airport without their luggage because he couldn't find Abby. Abby didn't call to tell the kids goodbye and she didn't call for the next 10 days. I'm pretty sure that she was doing drugs during this time. (Abbey's boyfriend told me that she called him asking for help and admitted to doing cocaine)
My ex-wife and I have a mediation agreement in which she agreed to random drug testing (She admitted previous drug use) and to keep a valid phone number where she can be contacted at all times. Immediately after the kids got home, I tried to contact her to ask her to take a urine drug test but couldn't reach her. When I finally did speak to her I asked her to take a hair follicle drug test instead of a urine drug test because of the length of time that I could not contact her. (A hair drug test detects drug use within the last 90 days; a urine drug test only detects drugs use within the last 3-5 days) She refused saying that the reason she couldn't call was that she was in jail the whole time. (She was willing to take a urine drug test) According to the jail booking logs, she was never there. Abby told me that she would send proof of her jail stay but she never did. No surprise there! She didn't send the kid's luggage back either.
How do I document my request that she be drug tested? Can I ask the court to order her to take a hair follicle drug test? If not, how in the he** can I prove that she is still using drugs if she disappear after each time she uses them?