drug testing?

[cabano]

What is the name of your state? California

I have evidence that my ex-husband is using drugs. I do not know if he ever uses them when he's with the kids but I am deeply concerned about he effects of his behavior on the children. He is often late, out of touch for short periods of time, agitated, and has an explosive temper. My 10 year old son has been in therapy and being treated for anxiety for the past six months and I now believe it's a direct result of what's going on with his dad. Can I get a court order for a drug test? What are the ramifications of ordering a drug test?

 

[Hopkins306]

If you have evidence then get a lawyer. Do you have custody of the kids? If you think he is using drugs when with the kids call social services and ask them what you can do. as for a drug test. He can't be forced to take one.

 

[cabano]

evidence?

well, I have the evidence that my son found a speed (meth) pipe in his shoe when they came home from his dads house. my brother who works with him said that he was caught doing drugs at work and warned. actual proof? no. just concern. we have joint custody. I will take your advice and ask social services.

 

[ezmarelda]

If you have evidence then get a lawyer. Do you have custody of the kids? If you think he is using drugs when with the kids call social services and ask them what you can do. as for a drug test. He can't be forced to take one.

that is not entirely true...IF a judge feels there is just cause it could be court ordered

 

[ezmarelda]

What is the name of your state? California

I have evidence that my ex-husband is using drugs. I do not know if he ever uses them when he's with the kids but I am deeply concerned about he effects of his behavior on the children. He is often late, out of touch for short periods of time, agitated, and has an explosive temper. My 10 year old son has been in therapy and being treated for anxiety for the past six months and I now believe it's a direct result of what's going on with his dad. Can I get a court order for a drug test? What are the ramifications of ordering a drug test?

You can also call the local PD (where his house is) when kiddos are with him and ask that they do a "well check"...good luck

 

[cabano]

well check?

thanks for taking the time to reply. i don't think he's using when the kids are with him. instead of trying to control his behavior, I think I'll just take my little ones to Al-Anon.

 

[CdwJava]

You can also call the local PD (where his house is) when kiddos are with him and ask that they do a "well check"...good luck

Gotta be careful with that. The police REALLY hate to be used by one parent to harass another. Absent some specific reason to believe that the kids are in danger at the moment, you really don't want to start calling the police on a "maybe" situation. It has gotten so bad that many departments (like mine) just do not do these checks anymore absent some compelling belief that the children are in danger. Nothing like getting a call at 1 AM to check on the the ex's visitation with the kids because the ex MIGHT be drunk because they have gone to the bar a lot in the last few weeks.

If there is a true concern over drug use, the court can order drug testing if mom wants to return to family court.

- Carl

 

[cabano]

thanks for the advice.
would I have actually go to court in order to request drug testing? wouldn't it be just filing papers with the court and serving him with the request?

 

[CdwJava]

thanks for the advice.
would I have actually go to court in order to request drug testing? wouldn't it be just filing papers with the court and serving him with the request?

You would have to go to court and make a case to compel the court to order the testing. You can always ask him nicely about it, but he could always say "no". I doubt any judge will order drug testing without a hearing where both of you have an opportunity to make your case.

- Carl

 

[cabano]

I see. Sounds like I need to say something to him about my concerns. Then protect the kids by taking them to Al-Anon which offers pre-teen meetings. I'm more worried about the effects of his behavior and the repercussions on the kids.

 

[CdwJava]

I see. Sounds like I need to say something to him about my concerns. Then protect the kids by taking them to Al-Anon which offers pre-teen meetings. I'm more worried about the effects of his behavior and the repercussions on the kids.

Well, if he is NOT doing drugs, and you start taking them to Al-Anon or something similar, he might be able to come back at you for convincing the kids that he IS doing drugs.

The two most common allegations in a custody dispute are: The other half is doing drugs (very often made by BOTH parties), and, The other half is molesting or abusing the kids (often made by both parties). So, don't be surprised if nobody gets real excited by the allegation as it is often expected in custody disputes.

- Carl

 

[calatty]

A person who has a meth pipe is using meth. A person using meth is dangerous. You must protect your children. Al-anon is not a way to protect them. You should consult a lawyer and try to obtain sole custody. The court will probably order a drug test.