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  1. #1
    sunnyin_fl is offline Junior Member
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    Petition/Motion for Hair Follicle Test

    What is the name of your state? Florida

    We want to petition/motion the court to order a hair follicle test on all parties involved.

    How do we do that and what information does the court need to have to see that one is neccesary?

    Thank you.
  2. #2
    Ohiogal is offline Senior Member
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    Who are you in this? Who is we? You would need PROOF that a hair follicle test is required. Proof of drug use.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    sunnyin_fl is offline Junior Member
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    Petition

    We is my husband and I. So I should say my husband...he is the petitioner. His child, my stepson tested positive for marijuana. He is only 6 years old..he was 5 at the time. We have filed for modification of custody and want the mother tested. We (my husband and I) voluntarily took urine and hair follicle tests. The mother upon request will not.

    We want the court to order it. She and the child tested positive at his birth, my husband did not. She went to couseling and supposedly got clean. 5 years later he is now finding himself here again. The mother's new husband we found out is a convicted felon and probation was taken away (can't think of the word) for drug use...also tested posititive numerous times.

    Long story short...I'm trying to figure out the wording of what we need to get the court to order the hair follicle because you can't use anything on your hair you can drink something and mask the urine. We spoke to a scientist at Quest Diagnostics and got that information.

    Thank you.
  4. #4
    Ohiogal is offline Senior Member
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    When did the child test positive? Who did that test? Why was it performed? Was child services notified?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  5. #5
    sunnyin_fl is offline Junior Member
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    Quote Originally Posted by Ohiogal View Post
    When did the child test positive? Who did that test? Why was it performed? Was child services notified?
    In January, Quest Diagnostics. It was ordered by the pediatrician. We had concerns about his nutrition because he was underweight and his skin was grey and eyes sunk in. There had been a history of drug use before from the mother. We contacted DCFS immediately. They did their study, they determined it came from while the child was in Georgia with the mother, but because Georgia DCFS was involved they had to also follow their protocol, which isn't any better than Florida. The caseworker in Georgia allowed her 3 days to comply. Everyone passed. We however took it a step further and asked for her to comply with a hair follicle she refused. Florida knew we were filing for mod of custody. The child was in our care for the 1st time in over a year due to custody interferance.

    We are trying to gather the information to file a petition for a hair follicle test, but don't know how to word it.

    Thanks
  6. #6
    Ohiogal is offline Senior Member
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    Where is the child now? Has dad filed for emergency custody to prevent the child from being returned to mom? He would need to present certified copies of the medical records to the court showing that junior tested positive. Those tests requested by a medical professional may be enough to force the court to order hair follicles on all adults involved (meaning all adults that live with the child at any time -- you, your husband, mom and her boyfriend).
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  7. #7
    sunnyin_fl is offline Junior Member
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    Child is with mom right now. We filed for temporary custody but the attorney we had at the time didn't think to ask for a hair follicle test. TC was denied...the child was in school...Kindergarten. However, he is just finishing up...the school is passing him...I don't see how. 45 days of tardies and absences. 30 absence, 15 tardies. At that time we didn't know her new husband was a druggie too. Should have known.

    Right now we just want a hair follicle then if she shows positive (we will take one too, have before) we will file again for emergency custody based on the fact that she is positive, we are not ,the child has had it in his system 2x that we know of...we will also test him again as well...and state that he is not getting the proper care, sick all the time, not getting an education or lack of a good one due to excessiveness above.

    I would just like to get my hands on a petition/motion for one and can't find one anywhere. I want to see what the parameters are and if when they do order it, do they go that very same day and have it done.
  8. #8
    lisan23 Guest
    I don't know how valuable that hair follicle test will be, though. The biggest problem with hair follicle testing is the fact that if she smoked pot two years ago, it would still show up in her hair. So it's not a valid test for what she is currently doing. Why not a blood test? Or you could ask for a random urine testing through the courts so she doesn't have time to try and clean up her act.
  9. #9
    hispet is offline Junior Member
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    if she smoked pot two years ago it would show up as being that long ago think about a tree. each year a tree gets a new ring, if the tree did a bunch of drugs one year that ring of the tree would teat posistive, not the whole tree.

    stupid example but that is how it goes. i will produce a link by 10 pst
  10. #10
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by hispet View Post
    if she smoked pot two years ago it would show up as being that long ago think about a tree. each year a tree gets a new ring, if the tree did a bunch of drugs one year that ring of the tree would teat posistive, not the whole tree.

    stupid example but that is how it goes. i will produce a link by 10 pst
    That would be if she never cut her hair. HF testing goes back about 6 months.
  11. #11
    stealth2 is offline Senior Member
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    Quote Originally Posted by hispet View Post
    if she smoked pot two years ago it would show up as being that long ago think about a tree. each year a tree gets a new ring, if the tree did a bunch of drugs one year that ring of the tree would teat posistive, not the whole tree.

    stupid example but that is how it goes. i will produce a link by 10 pst
    Still waiting******************************************..
  12. #12
    GrowUp! is offline Senior Member
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    Quote Originally Posted by stealth2 View Post
    Still waiting..
    And I hope the link is for the tree that does a bunch of drugs. Cut the damn thing down and use it for firewood. LOL
  13. #13
    sunnyin_fl is offline Junior Member
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    In talking with the scientist at Quest in Las Vegas and when we had our own done, the technician was telling us that approximately your hair grows at a rate of 1/2 inch per month. They of course take from the base out. However, they usually only test up to 3 inches...due to everyone grows hair at different rates.

    They estimate an average 90 day history for every 3 inches. So yes, if she has long hair they can section it off and show exposure up to however long, which she does. If she cuts her hair, shaves it ala britney...pretty much would be admission. My husband keeps his hair very short due to thinning in the front. And they were still able to get enough to have a good test. Mine is long...so a no brainer there.

    We are going to have the child tested again. Summer visitation starts Saturday. 1st thing Tuesday we are at Quest again. If he is positive again, we are going to go after emergency custody again and let the pieces fall where they may.

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