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Drug testing, how Long is Long enough??

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WeeMan

Junior Member
I got arrested in Utah back in March of 2009, drug charges. Heroin. Yuck, I know. Anyway, I have moved back to KY where my children live. I completed treatment in Utah, and tested for a YEAR and HALF STRAIGHT. I tested through Div. of Child and Family Services, I tested while in treatment, I tested while on GPS diversion, and I tested while on probation. ALL TESTS came back negative. No missed tests, no dilutes, and no dirties. In addition to this, I have tested several times while vacationing in KY...both UA's and hair follicles....all NEGATIVE results.

My ex wife and her attorney are trying to make me continue testing!! This is getting ridiculous!! How LONG is LONG enough?? I have been in mediation once with them, and have to go back again. Should I just take this to court? Should I continue testing?

Does anyone know how long the typical drug testing for custody cases lasts...in order to PROVE sobriety? Once again...how long is enough?? Is it a state-by-state kind of thing?

Thanks for any help
 


CdwJava

Senior Member
Not only might it be state by state, but probably case by case. A lot depends on the history - YOUR history - that they are all dealing with.

If you were once a hard core user it may take much more than 18 months of clean tests to satisfy them. Depending on your drug of choice, recidivism can be high and the non-custodial parent and the court may have good reason to be concerned.

If you want to change this condition, then you might want to consult an attorney to see how viable your chances might be to force an end to it at court. In my experience, the courts tend to accept the mediator's recommendations in such things, but that can vary by state and by court. A local attorney might be able to give you an idea of how it is in your neck of the woods.
 

xylene

Senior Member
18 months is not a long time.

You got busted for heroin. Some people pull multi years in jail for that. You got a comparatively light deal.

You have an ex and a kid

Consider this testing onerous after 3 to 5 years.

How long do you think is reasonable?

It's great that you stayed clean. I really feel you on how big a deal that is. But please understand, to the court and DCF, that to them, not popping on the test is the absolute bare minimum.
 

WeeMan

Junior Member
Yeah...I have no prior substance abuse arrests, and no history of substance abuse. This was kind of a post-divorce, midlife crisis thing I went through. Got in trouble while living in Utah (2 1/2 years). I was addicted, not heavily (smoking just enough to avoid withdrawals) for about six months. I've remained clean from March 23, 2009 to now...so I've been clean for about 22 months, but only tested non-stop for 18 of those months. I visited KY for one week back in November, and submitted to one UA and a hair follicle while here. Now I have moved back permanently. Hair follicles go back, what, 6 months or more? So essentially I have tested for about 22 months....ouch.

I had a dud of an attorney, did not communicate with me much while I was in Utah trying to get the ball rolling. I am in the process of retaining another high rated attorney who specializes in this field. I'm just wondering what I should expect, more than anything:)

Thanks guys
 

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