CONTEMPT Questions

[nythng4mygrl]

What is the name of your state (only U.S. law)? LA

Here we go again. Father failed drug screen 2 years ago when ordered by Judge during our initial child modification case. He was ordered to test bi-weekly near his home in May 2007. He went twice, had narcotics and obtained prescription a month later after his results came back positive. Judge ordered him again to screen in my Jurisdiction which is 40 minutes away. I have taken 17 drug screens prior to the previous court hearing. He has taken 2 both unobserved and positive with narcotics.

We went back to court for custody modification and were ordered 9 months ago for random testing on a monthly basis. I have taken 9, and he has taken 1. He emailed me stating that he could no longer afford screens each month and asked me to deduct from his child support or he would petition to hault the screenings. I informed him that I would not deduct from child support and that he needed to have his attorney speak to mine, since we were ordered to screen.

This is our 3rd visit to court next week for this issue. The judge has slapped him on the wrist in the past. Will I be able to ask the judge to withdraw my screens since every single one of them were negative and I have never missed any? I never was the one in question, however we both initially agreed to test during the first modification hearing as we settled through mediation and that was the only way I could get him to agree to the screening. I also had to reimburse him for his screens, but during the last hearing the judge ordered him to pay his own since he only showed up to 2 screens.

Is there any chance of the judge seeing his point of view that he is unable to afford the screening? They are $15.00/month and he has only showed up for ONE, not to mention, he will not provide my attorney with those results.

I guess I am trying to figure out what I am getting into. If he is found in Contempt, what does that usually mean as far as visitation and what are the consequences normally?

THanks and sorry it is long.What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? LA

Here we go again. Father failed drug screen 2 years ago when ordered by Judge during our initial child modification case. He was ordered to test bi-weekly near his home in May 2007. He went twice, had narcotics and obtained prescription a month later after his results came back positive. Judge ordered him again to screen in my Jurisdiction which is 40 minutes away. I have taken 17 drug screens prior to the previous court hearing. He has taken 2 both unobserved and positive with narcotics.

We went back to court for custody modification and were ordered 9 months ago for random testing on a monthly basis. I have taken 9, and he has taken 1. He emailed me stating that he could no longer afford screens each month and asked me to deduct from his child support or he would petition to hault the screenings. I informed him that I would not deduct from child support and that he needed to have his attorney speak to mine, since we were ordered to screen.

This is our 3rd visit to court next week for this issue. The judge has slapped him on the wrist in the past. Will I be able to ask the judge to withdraw my screens since every single one of them were negative and I have never missed any? I never was the one in question, however we both initially agreed to test during the first modification hearing as we settled through mediation and that was the only way I could get him to agree to the screening. I also had to reimburse him for his screens, but during the last hearing the judge ordered him to pay his own since he only showed up to 2 screens.

Is there any chance of the judge seeing his point of view that he is unable to afford the screening? They are $15.00/month and he has only showed up for ONE, not to mention, he will not provide my attorney with those results.

I guess I am trying to figure out what I am getting into. If he is found in Contempt, what does that usually mean as far as visitation and what are the consequences normally?

THanks and sorry it is long.What is the name of your state (only U.S. law)?

No one can tell you for certain what will happen. I can tell you that the judge is not going to be pleased with dad, however, since I am not familiar with your judge, or the prevailing attitudes in your county, that's the best I can tell you.

Your attorney would certainly be able to give you better answers.

 

[nythng4mygrl]

Thank you for your response. Dad has an addiction to narcotics medication, and marijuana. My reason for having him drug screen was to secure the safety of our daughter. I have been bringing her to him and picking him up since he is 40 minutes away during his visitation. Basically, dad has not adhered to any of the court order and is never going to honor the judge's decisions which is why we must go back.

I honestly feel that this last time we go, the judge will not be happy. I just don't want him getting slapped on the wrist anymore. He has been given tooooo many chances and I would never deny him visitation, so long as he is not doing these things in front of her or driving his car with her in it while he is loaded.

There are several more violations that have occurred, but I will deal with those issues in court. I just was trying to see if anyone has been in my shoes and what the consequences were in their situation. I would like to seek reimbursement for all of my drug screens since he did not go to his, and I will be seeking attorney/court fees.

Thank you again.

 

[nythng4mygrl]

WOW, this just does not end. To add to my previous post, dad was involved in a car accident last night. He was arrested for possession of controlled substance, and they found a bag of marijuana on him.

This is his 3rd car accident in 3 months (3rd arrest for drugs) and exactly why I request drug screens from him. It does not help if he does not show up to them. Is it safe to assume that I can request overnight visitation to stop, supervised visits every Sundays until he cleans up, drug treatment program, and I will bring our daughter to him and pick him up? I have been bringing her and picking her up, but have not asked for increase in child support for gas. We live 40 minutes away. Would that be within the legal boundaries of a child modification?

I really hope he does not get another slap on the wrist from the judge. This is just intolerable and not safe for our daughter whatsoever. What's next?

Any suggestions or advice?

Thanks!

 

[ErinGoBragh]

What does the court order say in regards to who is responsible for transportation?

 

[nythng4mygrl]

He is to pick her up from me on his weekends, and I am to pick her up. I have been transporting her back and forth because he has not been going to his drug screens, got into 2 accidents prior, and I do not want to violate the order by withholding his visitation. We have court next week.

 

[Isis1]

He is to pick her up from me on his weekends, and I am to pick her up. I have been transporting her back and forth because he has not been going to his drug screens, got into 2 accidents prior, and I do not want to violate the order by withholding his visitation. We have court next week.

can you get a copy of that police report before the hearing?

 

[nythng4mygrl]

I am not sure, but I have the other 2 reports already where he was arrested for having possession of a controlled substance already. He has not been to court for these charges yet, and won't go until January 2009. Will the reports that are already in my possession be of help?

 

[Isis1]

i know OG has said to ad nausem that reports do nothing, only convictions matter. but having THAT most recent report, sure won't help him.

 

[nythng4mygrl]

Okay, so he has not been convicted, however he has missed now 10 drug screens. Our color was just called yesterday and he no-showed again. This is now our 3rd trip to court from contempt just for drug screening issues. Would I still be able to ask for the requests in my previous posts due to him failing initial drug screen, obtaining prescription for hydrocodone 2 months after his results came back positive for 2nd hearing, and now no-showing 10 times? I mean, obviously he does not want to drug screen, however with this many accidents, I want our daughter to be safe. What if the report states that the drugs were found in HIS vehicle, AND on him. That would not be enough? The reports I have are from the State Police.

Thanks again!!!

 

[TheGeekess]

Pieces of paper cannot be cross-examined. You'll need to produce the arresting officers, IIRC the OG line. Do a quick search for "police report" under this part of the forum and see what can be done with them, but as I said.....

 

[TinkerBelleLuvr]

Has been CONVICTED of DWI/DUI/ anything under the influence?

 

[nythng4mygrl]

Okay, I understand paper is not good enough. Will I still have a leg to stand on since he has violated the court order by no-showing for 10 random drug screens??? We have been doing this for a little over 2 years and since our last visit to court in January, he has taken 1 test, and I have now taken a total of 10 as of yesterday. I understand the police reports won't work, but will I be able to make the requests for modification per my previous post based on him no-showing for court ordered drug screens?

Thanks again everyone!

 

[TinkerBelleLuvr]

Judges have been known to err on the side of caution. Get what you can on the most recent accident. See if the officer can be subpeona'd for yesterday's accident.

Bring everything you can with you. Eventually judges do get tired of the shenanigans.

 

[nythng4mygrl]

Thank you Ginny. He does not drink, unfortunately he is just into pills and marijuana. This will be our 3rd trip to court for contempt and frankly I am getting tired of the Judge (who is about to retire) slapping him on the wrist. I figured if I waited almost a year and gave him enough chances to screen, we would not have to go. I have a problem with him getting arrested 3 times in 1 month, receiving tickets for wreckless operation of a motor vehicle and fleeing from an officer (which he was convicted recently, but that was not from an accident). Would that stick?? I didn't even think about that one!!

I just want our daughter to be safe and out of a drug free zone. Too much traffic in and out of his house and I do not want any bad drug deals happening in front of our girl.