Retaliation??

[jimgranite]

What is the name of your state?Indiana

I've posted before about my sister-in-laws case. She is CP of happy 9-yr-old. Dad has weekends, holidays, pays support. Mom has never been in contempt, the case has not been to court in 9 yrs. Now Dad has filed for full custody and asked her for a drug test. She would likely fail a hair test for pot as she has smoked it recently (now stopped) but not in front of the child. Dad is recovered alcoholic, many DUIs, remarried and police called to the house for domestic disputes (they fight a lot, scares the kid to death).

My question here is this: is the Mom right to ask for full custody herself. Her family has money for a good lawyer and will spend what it takes, but will a judge see this as being beligerent? They seem to think she has the advantage because Dad brought it up in the first place. They believe they can prove the allegations against the dad and they think his wife (stepmom) has a mental problem and they want to ask for a psych evaluation on her.

Also, how likely is a judge to order mom to take the drug test? She has no prior arrests but the dad does. I'm worried the judge will just order them both to take a test. She truly is a good mom other than the smoking ( I know its a big deal and so does she now). Thanks.

 

[stealth2]

What does her lawyer say?

 

[rmet4nzkx]

This is a duplicate post, perhaps you didn't like the answers you got on https://forum.freeadvice.com/showthread.php?t=219110
Because you know that a hair test will show the longterm drug use?
As Stealth suggests, what has her attorney said?

 

[casa]

What is the name of your state?Indiana

I've posted before about my sister-in-laws case. She is CP of happy 9-yr-old. Dad has weekends, holidays, pays support. Mom has never been in contempt, the case has not been to court in 9 yrs. Now Dad has filed for full custody and asked her for a drug test. She would likely fail a hair test for pot as she has smoked it recently (now stopped) but not in front of the child. Dad is recovered alcoholic, many DUIs, remarried and police called to the house for domestic disputes (they fight a lot, scares the kid to death).

My question here is this: is the Mom right to ask for full custody herself. Her family has money for a good lawyer and will spend what it takes, but will a judge see this as being beligerent? They seem to think she has the advantage because Dad brought it up in the first place. They believe they can prove the allegations against the dad and they think his wife (stepmom) has a mental problem and they want to ask for a psych evaluation on her.

Also, how likely is a judge to order mom to take the drug test? She has no prior arrests but the dad does. I'm worried the judge will just order them both to take a test. She truly is a good mom other than the smoking ( I know its a big deal and so does she now). Thanks.

She already has physical custody- so I assume you mean her filing for sole legal custody. In which case, it won't eliminate the father's visitations- so may not achieve any change from what is happening now.

It's possible for the judge to order them all to undergo testing- especially if both sides are pointing the finger at the other. As you've already been told, though, usually the court views it all as hearsay unless there is evidence of prior use or prior problems.

If the family can afford an attorney- it's wise she retain one, if only because the father has one. Makes for a more even playing field.

If the mother can prove the father's history, then of course she should gather that documentation whether or not she files for sole legal custody or not.

A GAL or a psychiatric evaluation can be requested, and the mother should know it's very costly- and that all parents will be involved, not just the father.

 

[stealth2]

I really wish people wouldn't pull this double/new post sh*t.

 

[jimgranite]

Allright, here is another factor in the same case. I won't start a new post as that seems to be frowned upon...

The judge of the original case has a grudge against the father of the birth mother. They were political opponents at some point. The judge was about to waive her court fees the last time because she was a student, but then forced her to pay saying "I know who your father is." The father is still in local politics and is worried that the judge would not be impartial. What chance do they have of a change of venue? The BM now resides in a different town than the case originated from.

And they have a lawyer in mind but have not talked to him yet.

 

[rmet4nzkx]

Her time to ask for a different judge was when she first appeared before the judge, she can't change judges because she doesn't like his decisions. Her big problem is her drug addiction.

 

[jimgranite]

Obviously the drug issue is the biggest problem. The child has turned out fabulously so far-- smart, well-spoken, confident... so both parents are either doing something right or she just has good genes. But it is good that mom will now be forced to quit before the kid enters her teens.

 

[rmet4nzkx]

She should have thought about that when she was lighting up each night, even if it is in her own room behind closed doors the smoke affects the child, besides all the risks and other costs of addiction. Someone who has faced their addiction and a trackrecord of clean and sober may be seen by the court as a better parent especially as the child enters the teenage years when they have to learn to say no to a lot of things, the example she is getting now, isn't good.

 

[stealth2]

The judge not waiving fees likely has less to do with a political rivalry with her father and more to do with knowing that there ARE the resources to pay the fees - she's not indigent w/no family for help. And ya know..... if she could afford to buy pot, she can afford to pay the court costs.