[K2Mookey]

I have been ordered by Family Court in a custody battle to take weekly ETG tests for alcohol. My tests have been coming out diluted 1 out of every 3 tests. I cannot see my daughter until I have 3 negative, undiluted tests in a row.

I am not drinking alcohol, but I tend to drink a lot of fluids for 3 reasons: (1) I live in Phoenix and it is summer and very hot, (2) I have Sjogren's Syndrome (a disease of the moisture glands, especially salivary glands), which makes me thirsty ALL the time, and (3) I have other medical conditions that require me to take several different medications that also make me thirsty ALL the time.

The testing facility does not open until 11:00 am and is about 10 miles away from my house. I can either take the bus and sit out in the heat which makes me drink even MORE water, or I can wait for my boyfriend to get home in the late afternoon.

I'd be willing to take blood tests in lieu of urine tests if one exists. Does anyone know if there is a comparable blood test? I realize drinking less fluids is an obvious solution to not being diluted, but I get so thirsty I cannot even swallow sometimes. Will eating food right before my test help? I had 2 negative undiluted tests in a row until this last test, which would have been my 3rd, and it came out diluted. The creatinine level was .11 (normal is .21), but the specific gravity was normal. That is HALF of what the creatinine level should have been. I know I didn't drink THAT much fluid. Also, I am anemic if that makes a difference.

At this rate I will NEVER get to see my daughter.

My ex husband has a lawyer and I do not, and the Judge has been extremely one-sided (his) in this case. He drinks all the time and has been known to get drunk at several family functions. He is causing problems and not following the rulings regarding our child in our divorce decree. I tried to take him to court to enforce these rulings but they dismissed it saying I had to hire a mediator.

My ex then filed a petition to cut off my visitation based on false allegations, but the court not only did NOT dismiss his petition, they provided the mediation and since he wouldn't agree on anything, immediately scheduled a court hearing which is what caused this ETG testing and supervised visitation.

I get totally blown off and unfairly judged without proper evidence by the court and they bow down to my ex husband because he has an attorney and I do not.

What can I do about this? I can't afford to pay for a lawyer as I am on Medicaid and Food Stamps and have filed for disability. He and his new wife (my niece, btw) earn over $100,000 a year and he took me to court for child support and won. I can't even afford to buy myself a new (or used) pair of shoes!

What is wrong with the legal system?

Please help!

Thanks!

[smoothy]

Just because you are thirsty all the time doesn't mean you have to drink all the time. Just as being hungry all the time doesn't mean you have to eat all the time. Particularly when you know you are getting tested and you have a lot to lose.

A good way to do that is keep track of how much you drink in a given day and pace yourself throughout the day. Which also works well to make sure some people drink ENOUGH liquids in a day.

[odinn7]

The problem is that so many people try to cheat the tests by drinking too much water and this causes dilution. The testers and the courts know this is a common way that people try to get around this so how do they know that you aren't doing it also? Just because you tell them that you're thirsty all the time? Of course they won't believe that. Why would they believe you but nobody else?

So as smoothy said, you can try not drinking so much just because you are thirsty. You know you are being tested, you know you fail for dilution, so cut back.

[K2Mookey]

Thanks for your response. It is an obvious answer.

Actually in the court hearing I had my medical records an expert witness testify as to the effects of my condition. Also, I missed about 3 tests because I was in the hospital twice for complications with another of my medical conditions.

I have been hospitalized about 4 times in the past year and had documentation to back it up. The judge didn't care, AND didn't specify what I can do if I am hospitalized on a test day in the future. She ruled that I cannot be diluted or miss a test or it counts as a dirty.

I am not expecting anyone to read the judge's mind, but what is a person supposed to do when they are in a hospital bed with an IV and recovering from surgery? I asked her several times, but she never answered the question. She just seemed to get angry.

I'm confused as to how to ever complete my 6 months of clean testing.

[odinn7]

Sorry you think we gave you obvious answers but I am not quite sure what you expect from us. We can't know the full situation you are in as well as there is no way to know what the judge really expects or wants from you. How about consulting your lawyer and seeing what they have to say about this?