New Parenting Plan

[backtocourtwego]

What is the name of your state (only U.S. law)? TN

My wife and I divorced in 2004. The old parenting plan was entered in 2005, and was replaced in 2007 with a new one. The old plan stipulated that my wife could order drug testing at any time, and that I was to comply within 12 hours.

There was ZERO mention of this in the new Parenting Plan (2007). It was not a stipulation per my request, as it was included initially to cast doubt upon my parental fitness. To my recollection, she never asked for a drug test between the 2005 order and now.

Now she wants to go back to court AGAIN for a new modification. While filing various frivolous motions, and emergency hearings, she sent me a text message requesting that I take a drug test. I refused on grounds that the 2005 parenting plan was voided by the 2007 one. My attorney agreed. I did go take a pee test afterward just to show for the record that I had nothing to hide, but not during the 12 hour window.

Well, her silly twentys-something attorney has filed a contempt order. Am I mistaken in assuming that since no mention is made of drug testing in the current PP, I am not under any obligatin to comply with her on this?

 

[LdiJ]

What is the name of your state (only U.S. law)? TN

My wife and I divorced in 2004. The old parenting plan was entered in 2005, and was replaced in 2007 with a new one. The old plan stipulated that my wife could order drug testing at any time, and that I was to comply within 12 hours.

There was ZERO mention of this in the new Parenting Plan (2007). It was not a stipulation per my request, as it was included initially to cast doubt upon my parental fitness. To my recollection, she never asked for a drug test between the 2005 order and now.

Now she wants to go back to court AGAIN for a new modification. While filing various frivolous motions, and emergency hearings, she sent me a text message requesting that I take a drug test. I refused on grounds that the 2005 parenting plan was voided by the 2007 one. My attorney agreed. I did go take a pee test afterward just to show for the record that I had nothing to hide, but not during the 12 hour window.

Well, her silly twentys-something attorney has filed a contempt order. Am I mistaken in assuming that since no mention is made of drug testing in the current PP, I am not under any obligatin to comply with her on this?

Was there anything in the wording of the new parenting plan that indicated that it completely replaced the old one? I hate to second guess your attorney but generally when parenting time is modified anything addressed in the previous orders, but not addressed in the new orders, remains in place.

 

[meanyjack]

Was this new plan pretty much an overhaul--where a completely new plan was submitted? Or were only specific issues addressed?

Is there any language WHATSOEVER in your 2007 plan that states some provisions in the '04 plan were still in place?

OR any language in the '07 order that states the previous plan is now voided?

What you (or your attorney) essentially want to do is look for any and all language that could work in your favor that would indicate the '04 plan was replaced with the '07 plan.

As far as her proposal for a new plan, she has to prove that this plan is in the best interest of the children compared to the plan currently in place. If you don't agree w/it, you simply contest it. And, if she's attempting to have the drug testing thing re-added, well, unless she can provided SUBSTANTIATED & RECENT PROOF to support her desire, she's wasting people's time. Make sure your attorney asks for HER to pay for your attorney's fees and any and other costs (including mileage, lost work time et al) associated with this action.