No Visitation due to failure to complete Drug Test

[kristyg71]

What is the name of your state? CA
My ex was granted overnight visits beginning in April pending 2 clean random drug tests for the month of March. The court and I received one clean test and a "Refusal to Show" letter for his second test. I called the center where he took the test and they said he did show up for his scheduled test. I want to make sure that I can refuse him the overnight visit with the kids if these 2 Negative drug tests were not completed as the court ordered for the month of March.

 

[txrose1998]

What is the name of your state? CA
My ex was granted overnight visits beginning in April pending 2 clean random drug tests for the month of March. The court and I received one clean test and a "Refusal to Show" letter for his second test. I called the center where he took the test and they said he did show up for his scheduled test. I want to make sure that I can refuse him the overnight visit with the kids if these 2 Negative drug tests were not completed as the court ordered for the month of March.

Why do you want to deny your children an overnight with their dad? Why don't you contact the court and see what they have or have not received?

 

[waitinMd]

what kind of tests were they, urine or hair follicle?

I had to file contempt when that happened to me. The judge suspended visitation in my case.

It really depends on how the order is worded. And if your ex goes within a matter of days from the scheduled date, the judge will still allow visitation as long as the tests are negative.

 

[Humusluvr]

Why do you want to deny your children an overnight with their dad?

uhhhhh, because he's on drugs? Isn't that why courts order drug tests?

 

[OhReally?]

What is the name of your state? CA
My ex was granted overnight visits beginning in April pending 2 clean random drug tests for the month of March. The court and I received one clean test and a "Refusal to Show" letter for his second test. I called the center where he took the test and they said he did show up for his scheduled test. I want to make sure that I can refuse him the overnight visit with the kids if these 2 Negative drug tests were not completed as the court ordered for the month of March.

Does the order SPECIFICALLY say that these tests must be completed in the month of March?

Have you asked him when he is going to complete the second one? Did he tell you why he was unable to make his second appointment?

Keep in mind it's only the beginning of April, so there's still 20-some days left for his visits to begin, technically. I'd wait to see what happens. If he takes the second one -- and passes -- relatively soon, then let him start seeing the children, per the order.

 

[kristyg71]

Why do you want to deny your children an overnight with their dad? Why don't you contact the court and see what they have or have not received?

He was on Crystal Meth for about one year and a half, and has a history of drug and alcohol abuse in the years after our divorce AND he has been in and out of jail, that is why the court ordered this. I just want my children to be safe and make sure he is clean. I have worked really hard on providing a loving, stable and consistant environment, for him to come and expose the kids to something that they should not be exposed to.

 

[kristyg71]

The ordered test was urine and yes the court order does specifically says that he has to complete both tests before the visits are to commence and then he has to random test for the next 3 months twice a month and those also have to be negative(of course).The reason I am asking is because he is asking for them this weekend and I have not received the negative second test. Am I within my "rights" to deny him the visit this weekend pending reciept of the second test?

I really appreciate your help, experience and input.

 

[OhReally?]

The ordered test was urine and yes the court order does specifically says that he has to complete both tests before the visits are to commence and then he has to random test for the next 3 months twice a month and those also have to be negative(of course).The reason I am asking is because he is asking for them this weekend and I have not received the negative second test. Am I within my "rights" to deny him the visit this weekend pending reciept of the second test?

I really appreciate your help, experience and input.

Uggh...you did not answer my question re: what the order says exactly about a deadline for testing. If there are visits for this weekend and he has not yet completed AND passed the two ordered tests, then you probably should let him know that, per the order, he has not fulfilled the testing aspect of the order, therefore, can not commence parenting time.

 

[casa]

The ordered test was urine and yes the court order does specifically says that he has to complete both tests before the visits are to commence and then he has to random test for the next 3 months twice a month and those also have to be negative(of course).The reason I am asking is because he is asking for them this weekend and I have not received the negative second test. Am I within my "rights" to deny him the visit this weekend pending reciept of the second test?

I really appreciate your help, experience and input.

Go by the calendar- the Courts do. ie; If 2 tests were not COMPLETED & results provided to you & the court BEFORE March was over, then April visits do NOT occur unless/until you are provided with the results of the 2 Negative tests.

So, you can let him know that once you receive his 2nd negative test, he can make arrangements for his visitation.

 

[kristyg71]

Uggh...you did not answer my question re: what the order says exactly about a deadline for testing. .

That is what the order says, it was taken from recommendations of the mediator. No exact deadline.

Go by the calendar- the Courts do. ie; If 2 tests were not COMPLETED & results provided to you & the court BEFORE March was over, then April visits do NOT occur unless/until you are provided with the results of the 2 Negative tests.

So, you can let him know that once you receive his 2nd negative test, he can make arrangements for his visitation.

Thank you, that is what I was hoping for.

 

[tuffbrk]

I find it difficult to believe that anyone from the testing center provided you with any information related to Dad's attendance or test records. I wouldn't disclose that to anyone if I were you.

 

[kristyg71]

I find it difficult to believe that anyone from the testing center provided you with any information related to Dad's attendance or test records. I wouldn't disclose that to anyone if I were you.

The court ordered it. He signed permission from the testing center to release test results to the courts and me. If done that way information is released to me or any other person he authorizes.