Attorney fees by noncustodial parent

[Isis1]

look, unless you have a history of drug use, admit to past drug use in court, the chances are not good for the ex to get a court ordered drug test. plain and simple, it is unlawful for the other party to withhold child visitation.

mom didn't file her motion until after you filed yours. that's not good for her. if she filed before you, as in the split second she suspected you of using drugs, then it might be seen as "oops, she was concerned for the child, she made a mistake". slap on the wrist.

as far as attorneys fees go, from what i have seen, it's when the filer is found in the right, and had to take legal action. or, when the filer is filing maliciously so the other party is in need to protect themselves. that is usually when that is granted. but that's only from what i have seen during my court room visits. i'm sure there's other instances.

and she will not get to "tour" your home. not even the police get that without probable cause.and no, your ex is NOT more powerful then the police. regardless of what she thinks.

 

[Proserpina]

I'll take it but i think if i can't take a periodically urine test, i can do that.

Honestly? As long as you're clean the follicle test is actually probably the better option (should it become an issue). Urine samples can be tainted, but it's considerably more difficult to fake a follicle test - they're generally far more reliable.

 

[daughtercustody]

hair follicole test

look, unless you have a history of drug use, admit to past drug use in court, the chances are not good for the ex to get a court ordered drug test. plain and simple, it is unlawful for the other party to withhold child visitation.

mom didn't file her motion until after you filed yours. that's not good for her. if she filed before you, as in the split second she suspected you of using drugs, then it might be seen as "oops, she was concerned for the child, she made a mistake". slap on the wrist.

as far as attorneys fees go, from what i have seen, it's when the filer is found in the right, and had to take legal action. or, when the filer is filing maliciously so the other party is in need to protect themselves. that is usually when that is granted. but that's only from what i have seen during my court room visits. i'm sure there's other instances.

and she will not get to "tour" your home. not even the police get that without probable cause.and no, your ex is NOT more powerful then the police. regardless of what she thinks.

I don't have a history as in record of using drugs, but i did get convicted of possesion for personal use 2yrs ago, but i've changed my life around and the judge has seen that. Do you think that can affect my case, which it has
not came up in court since my conviction.

 

[Proserpina]

I don't have a history as in record of using drugs, but i did get convicted of possesion for personal use 2yrs ago, but i've changed my life around and the judge has seen that. Do you think that can affect my case, which it has
not came up in court since my conviction.

Wouldn't that meet the definition of "history of using drugs"?

 

[Isis1]

I don't have a history as in record of using drugs, but i did get convicted of possesion for personal use 2yrs ago, but i've changed my life around and the judge has seen that. Do you think that can affect my case, which it has
not came up in court since my conviction.

and there it is**************

 

[stealth2]

Well, then you have a history of drug use, dude.

But let's get back to this:

she is refusing me visitations

So - what does your order state wrt visitation? Do you actually show up when and where the orders give you?

 

[Zigner]

Does your current CO require these things?

 

[RRevak]

If you havent used any recreational drugs within the last 90 to 120 days than a hair follicle test shouldnt be a problem. If it makes you look better in the long run to agree to the test then you should bite the bullet and just get it done. It would make a better argument when you say you previously had a problem but with results from a drug test to prove things, you have gotten over that problem and put it behind you.

 

[michandil]

Evidence is a beautiful thing, so don't resist drug testing of any type- that's the evidence and how you prove to the court that you are not using. You said, "i've changed my life around and the judge has seen that." Why flinch at showing that again? Take pride in proving it with the best evidence possible and defeating her claim that she's denying visitation on the basis that she is protecting the child because you are using drugs.

In respect to paying attorney's fees, again- evidence. In the courts I know, the parties' relative ability to pay is a factor in deciding if one party should pay the other's attorneys fees. So, again, provide the evidence to the other side- evidence of your income and expenses.

 

[Isis1]

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

How does a hair follicule test work? Does it have to be oredered by court or if the CP request it by verable or text do I take it? I'm being accused of using drugs and the CP is requesting I do so? I'm going to court this month....

i've moved your question here. please keep to one thread, thank you

i found this article....

http://ezinearticles.com/?All-You-Need-to-Know-about-Hair-Follicle-Drug-Testing&id=239008

 

[daughtercustody]

i've moved your question here. please keep to one thread, thank you

i found this article....

All You Need to Know about Hair Follicle Drug Testing

thanks....

about moving my thread, now i understand why...Thanks

 

[daughtercustody]

Actual hair testing by anyone

thanks....

about moving my thread, now i understand why...Thanks

I want to know has anyone taken a hair test before?

 

[waitinMd]

yes, I have taken several hair follicle tests. I accused my ex of using drugs, when I did, the judge ordered BOTH of us get tested.

 

[Zephyr]

I don't have a history as in record of using drugs, but i did get convicted of possesion for personal use 2yrs ago, but i've changed my life around and the judge has seen that. Do you think that can affect my case, which it has
not came up in court since my conviction.

come on people- they got their order in Feb of this year......she had her opportunity to challenge him on this issue- she needs current proof

 

[daughtercustody]

yes, I have taken several hair follicle tests. I accused my ex of using drugs, when I did, the judge ordered BOTH of us get tested.

did you pass all test, until when did you guys have to both take the test, after how many tests?