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bio dad wants custody.....failed drug what? long story...

long story short....i left my soon to be ex husband 2 1/2 years ago because he had a drug problem. he has almost nothing to do with the kids. decided this year he wanted custody. he thru a fit when asked for a drug test. then finally took it and of coarse failed miserably..after telling my lawyer he would what is going to happen? i have already been awarded sole custody but the visitation is still to be determined. my lawyer said since he failed the drug test after saying he would, he wont get the kids. he passed a urine test but failed a hair test. but my lawyer said the lvls in his hair were so high his urine should have failed aswell...they think since he knew about the urine test he did something to flush his system but the hair folical drug test was a surprise. has anyone been thru this? what happens next? not sure what catagory to put this in so gen parenting will have to do...

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Asked by sweetestkitten at 7:03 PM on Jun. 29, 2010 in General Parenting

Level 17 (3,565 Credits)
Answers (12)
  • Well he def. won't get custody that's for sure. If he is awarded visitation, which he may not get that either depending on what drug he is using, it will most likely be supervised. I'd ask your lawyer about it more.

    Answer by Ash9724 at 7:05 PM on Jun. 29, 2010

  • Your ex is SOL on getting custody. I would not worry about it.

    Answer by itsallabtthem84 at 7:06 PM on Jun. 29, 2010

  • You will need to prove he is unfit, with failing a drug test that is possible. They might require rehab or something before considering custody. Visits are no question, gonna happen regardless of the drugs. I know cuz it happened here. Told by a lawyer, if the drug use doesn't involve the child then it won't be considered. Fight like hell and DON'T BACK DOWN. Good luck!

    Answer by TheDiva320 at 7:06 PM on Jun. 29, 2010

  • Yeah, he may get supervised visitation which he has to pay for. Too bad that will cut into his drug money. They will test him again before they go any further with unsupervised visitation. That he is going to have to earn.

    Answer by beyondhopes at 7:07 PM on Jun. 29, 2010

  • He is probably going to get some kind of supervised visitation. Is this the custody case that he has a new gf and hew postponed a previous hearing? The judge will decide who is fit enough to supervise the visits.

    Answer by matthewscandi at 7:08 PM on Jun. 29, 2010

  • Most of the time, the courts will provide the monitor. The monitor and the mediator work together. The monitor will send reports to the mediator and in turn the mediator sends her or his report to the judge. But, right now b/c of the drug test, that aint going to happen for a long time

    Answer by beyondhopes at 7:11 PM on Jun. 29, 2010

  • my lawyer said it is going to all come down on him hard....i do not know what that pertains to...i do not wish my XH anything bad. but it isnt my fault. i have never been out to hurt him only protect my kids. i duno what is going to happen...

    Comment by sweetestkitten (original poster) at 7:11 PM on Jun. 29, 2010

  • I live in the UK so this probably doesn't apply...but I know that if the person has a drug problem here that if they are found to be on drugs or have used recently before their visitation and they go to visition like this they can get arrested right then and there...I hope that happens in the States too.

    Answer by keyaziz at 7:11 PM on Jun. 29, 2010

  • BTW on the urine test. He could have used someone else's urine. Gross, I know, but I know a few people who have "donated" urine for a friend who was going for a piss test and they knew they'd show up dirty. Fight him like hell and good luck!

    Answer by SandraLee242 at 7:13 PM on Jun. 29, 2010

  • mathewscandi....yes it is the same case....they think he was doing drugs up to the night before court because his eyes were so glossed over the day of court....

    Comment by sweetestkitten (original poster) at 7:13 PM on Jun. 29, 2010

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