Questions On Visitation/osc Re Contempt

[jrsmama]

What is the name of your state? CALIFORNIA, court orders made in RIVERSIDE COUNTY

i was the custodial parent of my 2 yr old son since he was 5 weeks old. in Nov my ex filed for a modification of our child custody & visitation order. he claimed that i was an unfit mother who couldn't provide a safe stable loving environment. he brought up a past drug problem and stated that he

heard that i was using drugs again

although he lives in corona and i stay in oc & we have no mutual friends. anyways i live with my grandparents my boys (ages 2 & 5) had their own room, sufficient weather appropriate clothing, food and anything else they may have needed. i was working part time and maintaining a 2nd job. well on jan 28th the Riverside Family courts granted my ex Sole Legal & Physical custody of my 2 yr old & supervised visitation for me 2x a week with each visit being at least 2 hrs in duration. they never did a drug test on me or even let me speak in court. i have no criminal record or drug charges either. the commissioner said he wouldn't consider any petition made by me for custody until after august 28. now its been about one month and the 1st week i didn't see my son at all nor was i able to contact my sons father at the contact number he provided. i finally got visitation after 8 days. he claimed that he worked late all week long and that the weekends were his time with our son so too bad i didn't get my visitation. he claimed that's what i get.
OK so out of 9 court order visits in the past 4 weeks i have only seen my son 5 times.
would my ex's failure to communicate with me & obviously intentional skipping of visitations be grounds to file an OSC re: CONTEMPT and actually be heard in court?? please help me on all this.....its seems a lil odd to remove the child w/o factual evidence of drug abuse.

 

[Zephyr]

are days and times specified for your visitations? if at all possible I would get an attorney for this.

 

[CourtClerk]

There are big ole holes in this story.....

I can't help because I just simply don't believe that you walked into court, didn't say 1 word and the judge changed custody. That didn't happen like that. Not. at. all.

 

[jrsmama]

Actually

well in response to the replies on my post. i was served custody modification papers on 11/28/07. mediation was set for 1/14/08 & court hearing 1/28/08. after speaking with the court mediator myself and my sons father came to the agreement that as long as i tested clean for any drug that he agreed the child would remain in my care and that the current court order would stay. when we went to court 1/28 my ex told the judge that although he had come to an agreement in mediation that he would like to change it to seeking sole physical and legal custody because "he feared for the safety of my child while he was in my care". there was no drug test ordered nor was i even given a chance to defend myself, and the judge stated that it was in the child's best intrest to be placed with the father even though i had no criminal record or had not tested positive to a drug test. He then asked my sons father what he felt visitiation should consist of, my ex stated that it should be supervised visitation and it should be twice a month. the judge did agree with supervised visitation but stated that the age of the child & the fact he had resided with me almost all his life, that it should be twice a week and no less than 2 hrs each visit. the court order stated that we were to mutually agree upon days of visitation. as u have read above he keeps no contact number, intentionally skips visitiations, and doesnt give an opportunity for make up visits. the judge never order me into any type of drug program or parenting class and only stated that i could petition for my child in no less than 6 months when i felt fit to care for him.
is all this fair? or done correctly?
to date ive seen my son 6/11 vistiation days.

 

[Ohiogal]

Nobody can tell you that because we do not know what happened at all the hearings, if there was a GAL, if you ever took ANY drug test or anything else. If he is NOT following the court order take him to court for contempt.

 

[casa]

well in response to the replies on my post. i was served custody modification papers on 11/28/07. mediation was set for 1/14/08 & court hearing 1/28/08. after speaking with the court mediator myself and my sons father came to the agreement that as long as i tested clean for any drug that he agreed the child would remain in my care and that the current court order would stay. when we went to court 1/28 my ex told the judge that although he had come to an agreement in mediation that he would like to change it to seeking sole physical and legal custody because "he feared for the safety of my child while he was in my care". there was no drug test ordered nor was i even given a chance to defend myself, and the judge stated that it was in the child's best intrest to be placed with the father even though i had no criminal record or had not tested positive to a drug test. He then asked my sons father what he felt visitiation should consist of, my ex stated that it should be supervised visitation and it should be twice a month. the judge did agree with supervised visitation but stated that the age of the child & the fact he had resided with me almost all his life, that it should be twice a week and no less than 2 hrs each visit. the court order stated that we were to mutually agree upon days of visitation. as u have read above he keeps no contact number, intentionally skips visitiations, and doesnt give an opportunity for make up visits. the judge never order me into any type of drug program or parenting class and only stated that i could petition for my child in no less than 6 months when i felt fit to care for him.
is all this fair? or done correctly?
to date ive seen my son 6/11 vistiation days.

The problem is the bolded above. You basically admitted drug usage, but promised to stay clean & test in order to keep Custody. As you know, there is no guarantee you would have actually followed through with that (as you've learned by Dad not following through with 'agreements' for visitation). So, the court erred on the side of Caution & gave the child to the parent with NO drug issues.

 

[jrsmama]

in reply to comments

i do agree with CASA but at the same time, my ex knew of prior drug problem, when we first started dating years ago. he said he was not concerned that i was currently using drugs but that since i had used in the past that i MIGHT start again. also i agreed to take a hair follicle test to prove that i was clean. i never admitted to being under the influence, but i did agree to the hair follicle test determining sobriety in order to keep custody of my child and prove my innocence. also there was only 1 hearing in this case and that hearing the judge awarded my ex sole physical and legal custody, our case was heard around 1030am, my ex asked the judge "can i go pick up my son right now?" and the judge told him yes. my ex then called about 1pm and said he would be by to pick up my son "around 8pm". i know this petition was filed out of revenge and not concern. i have documented every phone call, attempted contact, every conversation, and exact words my ex has told me. will this be enough to file contempt? also does anyone know if i am able to file a FEE WAIVER for these court docs? my case orginates in RIVERSIDE COUNTY, CA

 

[casa]

i do agree with CASA but at the same time, my ex knew of prior drug problem, when we first started dating years ago. he said he was not concerned that i was currently using drugs but that since i had used in the past that i MIGHT start again. also i agreed to take a hair follicle test to prove that i was clean. i never admitted to being under the influence, but i did agree to the hair follicle test determining sobriety in order to keep custody of my child and prove my innocence.

Drug test monthly for the next 6 mos & file for a Modification. Also attend AA meetings & a Parenting Class if possible. That's your best bet IMO. Then you can PROVE you are and will continue to focus on being sober.

 

[waitinMd]

Drug test monthly for the next 6 mos & file for a Modification. Also attend AA meetings & a Parenting Class if possible.

That is very good advice. I'd get a baseline test now.

Although hair follicle tests usually are every 90 days, urine is random. It depends on what drug he is accusing you of taking. Some hair follicle tests do not test for the drug you are being accused of taking. For instance Percocet was not tested for in my ex's HFT, we had to ask for hair and urine, since THC was a concern also.