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2 Bumps

How likely is a judge to grant a drug test without any solid evidence?

I would be willing to pay for it. My daughters father is currently $3500 in arrears and sees his daughter every Sunday. (He comes with his parents to visit her and he is 23 years old) I have had many people tell me he has been at parties and has been smoking pot and snorting painkillers. I do not want my daughter to be exposed to that sort of atmosphere or be in his care while these things are happening. What are the chances of a judge ordering a drug test?

Answer Question
 
Bandme123

Asked by Bandme123 at 11:59 PM on Jan. 18, 2013 in Relationships

Level 2 (6 Credits)
Answers (9)
  • You should see an attorney.
    MrsLeftlane

    Answer by MrsLeftlane at 12:03 AM on Jan. 19, 2013

  • Do you have a Lawyer? You can request a drug/alcohol test certainly, especially if there are concerns for your child. A judge will order it, but you (your atty.) has to request it and give a reason why. Just say what you just did, and the judge will most likely grant it. I would also ask for supervised visits, and not let him take the child anywhere until he tests clean for 3 months.
    Sierrarose99

    Answer by Sierrarose99 at 12:06 AM on Jan. 19, 2013

  • I do not have enough money to pay an attorney. Things are really tight right now. Any suggestions? Would you know where I could get a free consultation? (Not specifics, just where would I look to find this information?)

    I live in Indiana if that makes any difference.
    Bandme123

    Comment by Bandme123 (original poster) at 12:07 AM on Jan. 19, 2013

  • Thank you sierrarose99! I do not have an attorney at the moment, I'm doing it on my own while attending school full time as well. He has not taken her ever because he lived with male roommates who smoke pot all day everyday so he has been coming to my house for visitation. Do you know by any chance how long the drugs stay in his system? Just curious?
    Bandme123

    Comment by Bandme123 (original poster) at 12:13 AM on Jan. 19, 2013

  • Can you get them to make you at nptprixed statedment
    Dardenella

    Answer by Dardenella at 1:41 AM on Jan. 19, 2013

  • OP...A child custody issue like yours, you can file a motion to force him to submit to a drug test, telling him you think that your child is being submitted to that type of care, and you fear for her health and well being, and leaving a judge to decide whether or not to grant it, and if its for the best interest of the child. And you do not need an lawyer to do this. Although your exe probably will. Also, if you wish to after this is done, you an request a drug test once a month there after to ensure the health and well being for your daughter. That is if he still gets vistition rights. And if he is a serious pot smoker, it will stay in his system for a month and longer. If a blood sample is ordered, pot will be in the system up to a year or more. I do not know about thr prescription drugs though, but if he test dirty for them, and doesn't have a prescription for them, its his ass.
    Michigan-Mom74

    Answer by Michigan-Mom74 at 5:39 AM on Jan. 19, 2013

  • The steps you need to do is...Gather any evidence you can that your spouse is using drugs. For example, voicemails, letters, prior drug convictions or other documentation that allude to drug use can be helpful. Of course ask the people who told you about huis drug use, and if they would be willing to testify in court. Then you give the evidence to the judge at your first court date. Explain that you have filed a motion to have your exe drug-tested based on your suspicion. Good luck!
    I had to sit in on many court cases like this one, but remember to what the laws are in your state as thery do differ state to state.

    Michigan-Mom74

    Answer by Michigan-Mom74 at 5:57 AM on Jan. 19, 2013

  • Call a lawyer.
    booklover545

    Answer by booklover545 at 9:43 AM on Jan. 19, 2013

  • Drugs stay in the system for awhile, but hair strand tests stay in for up to 10 years, and if he's grown his hair for awhile, it can tell the degree of drug usage over time. I used to be a P.I. some years ago. Documentation: Write down everything. If he shows up smelling like pot, write the date down, time, who was there and noticed it to, etc... Witnesses that can back you up about his behaviour, video taping/tape recordings, etc... Courts look at documentations and evidence to support your case. You can't be the investigator, but a neighbor, friend, family memeber, can. If you investigate it yourself, his atty. will claim you fabricated your own evidence. I live in Colorado and we have Legal aid here. Check in the phone book under attys. and call one. Ask them about free to low cost attys. in your area. They will be more than happy to refer you. I hope this helps. GL.
    Sierrarose99

    Answer by Sierrarose99 at 2:27 PM on Jan. 19, 2013

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