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ambjuju · Jun 8, 2010, 12:23 PM

Hi,
I wondered if I can request that my children's father have to do drug testing and parenting classes before he is able to see my children with supervised visits? Is this something that if I request is likely to be granted?
Thanks

JudyKayTee · Jun 8, 2010, 01:04 PM

You can ask for just about anything if you can prove he's a danger to the children in some way - you have to PROVE it.

Yes, this is not an unreasonable request. Past history will determine if the Judge will see it that way.

ambjuju · Jun 8, 2010, 02:27 PM

Is personal experience enough proof of needed a parenting class? Would prior drug charges/convictions as well as previous positive tests during probation be enough proof of use to get the drug tests? Am I able to use these records in court?

JudyKayTee · Jun 8, 2010, 03:01 PM

Originally Posted by ambjuju

Is personal experience enough proof of needed a parenting class? Would prior drug charges/convictions as well as previous positive tests during probation be enough proof of use to get the drug tests? Am I able to use these records in court?

Personal experience, yes, IF the Court believes you and doesn't think it's just a name calling tactic.

Yes, prior drug charges/convictions come into play as well as previous tests and, yes, you can ask that these records be subpoenaed.

The problem MAY be whether "he" was living with you when the drug use was ongoing and what you did about it then. The Court will ask if you didn't think it was a danger to the children then why you think it is now.

stinawords · Jun 8, 2010, 08:57 PM

I seem to be following Judy a lot tonight so here goes. Again, she is right about the drug charges. Were the two of you together during any of it? That would look really bad on your part if you didn't do anything about it "back then" but want to use it now. Some judges will take your personal experience it depends on how much they believe you I know of a couple women that have completely ruined their credibility with the court and the judge won't take anything at face value it all has to be proven. I'm not saying that is who you are but just something to watch. Are the visits already supervised or are you requesting that they be supervised? Again depending on the area and judge he/she may rule to administer a drug test before visits but may not. If the supervisor is someone court appointed especially someone trained in this sort of field then it may just be something that they are looking for already.