Drug test?

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jlewis405

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I am about to engage in a custody battle with my x boyfriend of three years over our 4month old, who resides with me. He wants joint custody, I want sole. The reason I want sole custody is because he needs to get his life together, I know that he smokes pot on a regular basis, and that is not the father that my child needs. So my question is when we go to court I want to know my chances of a drug test being given to him?
 
They probably wont order a drug test because it violates his rights. You can use any arrests and stuff like that against him if he has any. My ex had gone through drug rehab twice and had DUI's and was still using crack and the judge didn't really care. You might be able to get sole custody, but he will still get visitation rights. Sole custody only means that you don't have to ask him permission to make major decisions for the child.
 
I thought I could ask for the drug test and if he passes I am liable for the fees but if he doesn't pass, then there would only be supervised visitation, and he would have to pay for the test??
 
You can certainly ask for the test but chances are slim that it would be granted. If he fails, the judge may or may not order visits be supervised. In most cases, supervised visitation is only tempory anyway. When I went to court, I wanted my ex to have to have a physiciatric evaluation done and I said I would have one too to be fair. My lawyer told me that if the judge ordered it, I would have to pay for mine and he would have to pay for his. The judge wouldn't order it because it violated his rights and he wouldn't agree to have it done. It never hurts to ask though.
 
You need evidence that he uses and it needs to be good.Even then it might be a NO. Often in custody cases people make accusations that are totally false and sling mud. Judges are used to these accusations which many times ring up false. You can ask for the drug test but there is a good chance it would be denied. Whether he gets joint or not he still will likely get unsupervised visitation. He was probably on drugs when you got pregnant with him so you need to take some partial responsibility for that too. I don't understand why the supposed drug use is an issue now that you are broke up when it wasn't when you were dating.
 
True enough, but as a parent your priorites in life need to change. His priority should be his daughter not selling and smoking weed. If we were still together this would be an issue, I have to constantly worry is he going to get caught and go to jail. I would still want his to stop and be the best father that he could be, but his not, and the reason is drugs.
 
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