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X on drugs & court not pushing too hard for hair follicle results

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octrom66

Junior Member
What is the name of your state? California, Riverside

Evidently, I have been granted temporary full legal and physical custody of my 13 year old daughter because X is on drugs. She was supposed to have submitted to a hair follicle test and didn't. Upon realizing that the court hearing that would show the results wouldn't be til 9/29/06, I came to realize that hair follicle tests will go back only 90 days and started doing the numbers... the last time I know she used was June 8, '06.

I then filed for an ex parte hearing and while we were both present she lied to the commissioner telling him that she HAD taken the test, but when she showed the results, they were from 2003 (the commissioner had told her that she could not use these results).

The commissioner went off on her and told her she had 24 hours to take the test; however, as I was walking out of the courtroom with the order in hand, I noticed it only ordered her to take a urine test. I went back in and the deputy would not let me speak to the judge unless X was there but by that time... she would not even answer her calls or return them.

My whole thing was to prove she has been using drugs while my child was in her care and that she is unfit to have her until she gets clean...

now, it seems that I am forced to suck it up.

What can I do? How do I get the court to note that she WAS on drugs around my kid? Does my X just get to slip away that ezily? After having perjured herself while under oath? After having violated specific court orders?

PLZ... help.What is the name of your state?What is the name of your state?
 


CJane

Senior Member
What drugs are you SURE she was taking. Do you have proof outside a drug test? How do you know she was around the child? Do you have proof outside the child's testimony? Did the child come to any harm while your ex was under the influence? Is this a repeated pattern of behavior for the ex?
 

weenor

Senior Member
octrom66 said:
What is the name of your state? California, Riverside

Evidently, I have been granted temporary full legal and physical custody of my 13 year old daughter because X is on drugs. She was supposed to have submitted to a hair follicle test and didn't. Upon realizing that the court hearing that would show the results wouldn't be til 9/29/06, I came to realize that hair follicle tests will go back only 90 days and started doing the numbers... the last time I know she used was June 8, '06.

I then filed for an ex parte hearing and while we were both present she lied to the commissioner telling him that she HAD taken the test, but when she showed the results, they were from 2003 (the commissioner had told her that she could not use these results).

The commissioner went off on her and told her she had 24 hours to take the test; however, as I was walking out of the courtroom with the order in hand, I noticed it only ordered her to take a urine test. I went back in and the deputy would not let me speak to the judge unless X was there but by that time... she would not even answer her calls or return them.

My whole thing was to prove she has been using drugs while my child was in her care and that she is unfit to have her until she gets clean...

now, it seems that I am forced to suck it up.

What can I do? How do I get the court to note that she WAS on drugs around my kid? Does my X just get to slip away that ezily? After having perjured herself while under oath? After having violated specific court orders?

PLZ... help.What is the name of your state?What is the name of your state?
Medical records...hospital er visits or admissions..If she is taking narcotics she has likely ended up there at some point or another.
 

Amalsphincht

Junior Member
CJane said:
What drugs are you SURE she was taking. Do you have proof outside a drug test? How do you know she was around the child? Do you have proof outside the child's testimony? Did the child come to any harm while your ex was under the influence? Is this a repeated pattern of behavior for the ex?
Lets hope it's not the same type drugs that YOU, from the look of your advice, appear to be taking. That being the case the child will surely loose their mother forever. She will turn into a total recluse, dispatching advice on the internet on subjects she knows absolutely nothing about. Stick to the purchasing career you signed up for. At least there if you make a mistake it's only your butt in the vice.
 

LdiJ

Senior Member
Amalsphincht said:
Lets hope it's not the same type drugs that YOU, from the look of your advice, appear to be taking. That being the case the child will surely loose their mother forever. She will turn into a total recluse, dispatching advice on the internet on subjects she knows absolutely nothing about. Stick to the purchasing career you signed up for. At least there if you make a mistake it's only your butt in the vice.
I don't know what your problem is, but you are providing absolutely no benefit to this forum. There was nothing wrong with her comments/questions. They were relevant.
 

Amalsphincht

Junior Member
LdiJ said:
I don't know what your problem is, but you are providing absolutely no benefit to this forum. There was nothing wrong with her comments/questions. They were relevant.
Relevance plays no part in most of the responces i've read from CJane. She's rude and condescending to people and I decided I'd like to see if she enjoyed receiving as well as giving. If she and others find this offensive, well, as BelizeBreeze might say, "Mary aint got time to coddle others!" If the intent of this site is truly to help others then maybe put a little thought into HOW you express this advice.
 

snostar

Senior Member
Hair follicle tests can date back in accordance with the length of hair. File for a modification requesting the change in testing procedure and time frame if applicable. Offer to pay for the testing up front with a forced reimbursement if the test are is positive. If you believe your daughter inhaled drugs in her presence and second hand contact influenced her physically you can get your daughter tested. Remember these tests can be relatively expensive. Make sure the labratory is nationally credited, approved by the court and it is a forensic quality test.
 

weenor

Senior Member
snostar said:
Hair follicle tests can date back in accordance with the length of hair. File for a modification requesting the change in testing procedure and time frame if applicable. Offer to pay for the testing up front with a forced reimbursement if the test are is positive. If you believe your daughter inhaled drugs in her presence and second hand contact influenced her physically you can get your daughter tested. Remember these tests can be relatively expensive. Make sure the labratory is nationally credited, approved by the court and it is a forensic quality test.
I have read that as well. However, I have yet to find a medical review officer that will certify the test results for accuracy for more than 90 days. (of course, I am in Alabama) If you know of such a facility please let us know. ;)
 

snostar

Senior Member
weenor said:
I have read that as well. However, I have yet to find a medical review officer that will certify the test results for accuracy for more than 90 days. (of course, I am in Alabama) If you know of such a facility please let us know. ;)

Truth Verification Laboratories Inc.
Headquarters Location
3 Barker Ave. Fl. 3, White Plains NY 10601
http://www.drugd-tech.com/

They definitely have sample collection locations in NY and FL (where the lab is), they have expert witnesses in the medical field ready to testify the validity of tests dating back more than 90 days. The fee is astronomical.

In all reality, the rate of hair grow is dependent on the individual. Hair testing is not as "date correct" as the courts seem to believe it is, but this lab is next to impossible to crack in court. ;)
 
N

NoDiggety

Guest
CJane said:
Oh gosh. I feel all chastised and stuff. I think I'll go cry now.

Tell me, sphincter boy, is your intent to get every thread you enter closed by the admin so that no one actually gets the advice they're seeking? Because that's really all you're going to accomplish. You're like a weird cross between IAAL and GrowUp!/betterthanher/whoever he is now.
WTF is your problem? I've seen the situation you're currently in. Nothing to really brag about, is it? I'd tread carefully about some of the advice you might give to some, depending on the situation of those seeking advice... :rolleyes: (and I don't give a rats' ass how many posts you have to your name).

(and I will admit, that whoever the hell that person was responding to your advice, was uncalled for, as there was nothing wrong with the advice you gave.)
 
N

NoDiggety

Guest
Amalsphincht said:
For those that are looking for a site that isn't controlled by arrogant, rude people try www.deltabravo.net. ( You know the proceedure, correct away. )
while deltabravo is an excellent resource, it is NOT the "bible" as alot of the stuff on the site is outdated or the links simply do not work. CJane's advice was relevant moron because the OP's question was how he "can get the court to note that she WAS on drugs around my kid?"

Anyone with any legal knowledge whatsoever and who can actually read AND comprehend (excluding you in all categories here) would know that, unless the OP was actually there AT THE TIME she was doing drugs while the children were in her care and/or pictures were taken showing the activity with the child in her care and/or a camera was actually recording, the OP's gonna be hard-pressed to show that the ex was actually doing drugs WHILE the child was in the OTHER PARENT'S CARE.
 
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CJane

Senior Member
NoDiggety said:
WTF is your problem? I've seen the situation you're currently in. Nothing to really brag about, is it? I'd tread carefully about some of the advice you might give to some, depending on the situation of those seeking advice... :rolleyes: (and I don't give a rats' ass how many posts you have to your name).

(and I will admit, that whoever the hell that person was responding to your advice, was uncalled for, as there was nothing wrong with the advice you gave.)
Oh c'mon. You don't see any similarities at all between sphincter boy's posts and your own?

And um... please point out where 1) my situation is all that terrible and 2) where I've bragged about it.

I'll tread carefully about the advice I offer as soon as someone with a shred of legal knowledge not backed up by bitterness and a displaced arrogance about their own intelligence tells me I'm dispensing irrelevant, incorrect, or irresponsible advice, thanks.
 

weenor

Senior Member
snostar said:
Truth Verification Laboratories Inc.
Headquarters Location
3 Barker Ave. Fl. 3, White Plains NY 10601
http://www.drugd-tech.com/

They definitely have sample collection locations in NY and FL (where the lab is), they have expert witnesses in the medical field ready to testify the validity of tests dating back more than 90 days. The fee is astronomical.

In all reality, the rate of hair grow is dependent on the individual. Hair testing is not as "date correct" as the courts seem to believe it is, but this lab is next to impossible to crack in court. ;)
Thanks Sno good to know.;) For OP- the judge cares about drug use while the child is present or about a SIGNIFICANT history showing a pattern that the drug user is incapable of parenting because of their addiction. Thus a positive hair follicle, whether it goes back 90 days or a year may or may not help you prove your point. Hair follicle cannot pin point a "day" when the drug was ingested. However a urine test can detect recent use (3days -3 weeks) depending on the substance used. I would suspect that the recent use is really what any judge is concerned about. Many people assume that if they show ex has crack in her system, the judge will automatically take the kid away. It is much more complicated than that.
 

octrom66

Junior Member
Thanks all... Got a bit outta hand but... THANKS FOR THE ADVICE.

The thread got a bit outta hand and, for some reason could not find this one... so I posted again. Sorry.

Anyway... Yes, X has been admitted recently to a hospital for what she says was a "kidney infection" but I don't know how to get the hospital records and don't actually know which hospital it was. How can I get them?

The hearing date set by the stand-in commissioner (Sept. 13) for the MODIFICATION OF VISITATION AND CHILD SUPPORT addresses the fact that I am accusing X of being in contempt and that I wanted the court to do something about it. I hope that the original commissioner sees the mess up and does something about it... but I was hoping to do whatever I could to cover all bases. Now, it seems as though they are not.

Then, on Sept 29, I have the hearing to see what the evaluator recommends.

I don't want to piss the court off for filing something they might consider frivolous. Just want to accentuate the fact that she DIDN'T take the hair test as ordered the first time and that should show as either contempt or as a dirty test. AND... she lied to the court about it.
I think this should establish with the court that she is unfit... at least til she has been clean for 6 months or more.

Any Suggestions?
 

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