View Full Version : Custody review hearing and drug testing of a parent issues and concerns
heartbroken mother
Apr 13, 2007, 07:29 AM
On Jan. 19 2006 temporary joint legal custody was granted to my ex and myself with primary physical custody granted to the father and supervised visitation on Saturdays from 9 a.m. to 6 p.m granted to myself. The reason for this was I failed a drug test in court the day of first hearing. The catch to this is my husband is a regular user of meth and cocaine and his lawyer supplied the drug test in court so he was able to prepare for test and passed his. Since the hearing I submitted myself to an outpatient drug rehab program and successfully completed it. However the program did not drug test me during the program but I have a certificate from the facility showing completion of program. We are going for a review hearing in May and I desperatly want my son back. DSS has not been involved, my child was not neglected while in my care and the guardian ad lietm told me if I had passed test court would have ruled in my favor for custody of my son. I have not had any drug screens since the one in Jan. how is this going to affect me in court at review hearing? I have the certificate to prove I willingly admitted myself for treatment. I don't have insurance so funds are limited to the availabilty of services. I still have 3 weeks to prepare for court please help me with any suggestions!
excon
Apr 13, 2007, 07:50 AM
Hello heartbroken:
He has a lawyer and YOU don't?? I don't care how wonderful you are, and how much you've cleaned up your life, if you don't have a lawyer at the hearing, YOU'LL LOSE.
Court isn't about right. It isn't about fair. It's about winning. Without a lawyer, you can't win.
So, you need to do two things: 1) spend time shopping for a lawyer who will take your case with payments. You'll find one. 2) Change your name to "mother who's gonna kick butt".
excon
heartbroken mother
Apr 13, 2007, 11:52 AM
On Jan. 19 2006 temporary joint legal custody was granted to my ex and myself with primary physical custody granted to the father and supervised visitation on Saturdays from 9 a.m. to 6 p.m granted to myself. The reason for this was i failed a drug test in court the day of first hearing. The catch to this is my husband is a regular user of meth and cocaine and his lawyer supplied the drug test in court so he was able to prepare for test and passed his. Since the hearing i submitted myself to an outpatient drug rehab program and successfully completed it. However the program did not drug test me during the program but I have a certificate from the facility showing completion of program. We are going for a review hearing in May and I desperatly want my son back. DSS has not been involved, my child was not neglected while in my care and the guardian ad lietm told me if I had passed test court would have ruled in my favor for custody of my son. I have not had any drug screens since the one in Jan. how is this going to affect me in court at review hearing? I have the certificate to prove I willingly admitted myself for treatment. I dont have insurance so funds are limited to the availabilty of services. I still have 3 weeks to prepare for court please help me with any suggestions!!
Im sorry for the confusion about the lawyer. I do in fact have a lawyer for the hearing. I am using the same one I had for the first hearing. And yes, I'm going to mop the floor with his sorry a**! Thanks for your input.
Stef4133
Oct 25, 2010, 12:01 AM
Heartbroken mother I am wondering how this all panned out for you as I am in similar situation