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drug testing laws

Discussion in 'Other Family Law Matters' started by JEGardner4, May 28, 2017.

  1. JEGardner4

    JEGardner4 Law Topic Starter New Member

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    Jurisdiction:
    Florida
    I am in palm beach county,Fl I have been accused of having a drug problem by my child's mother. This is 8 yrs after hillsborough county gave me full custody of my child. My dcf case worker has reported i failed to show for drug tests. The problem is he texts me when he sends me and after he sent me the first time and i didn't get a text it was counted against me the second time as far as i know he sent me i got the text but i told him that i don't get most of my texts. My question is if its not legal for them to tell say my father i have to go take a drug test then why is it legal for him to text that i have to go for one or am i right and he cant do that do to the fact that he has no verification that i know i need to take a test.


    Thank you very much
     
  2. army judge

    army judge Super Moderator

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    Legal isn't the issue, mate, its compliance.

    You must find a way to comply with the demands to take all drug tests.

    Don't fight it, you'll lose.

    Embrace it, and ask what you need to do to never miss another test?
     
  3. JEGardner4

    JEGardner4 Law Topic Starter New Member

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    the problem is not me not purposely missing the tests its that I never get notification of the test I honestly don't do any drugs except for two medications i a prescribed by Drs so if they would get the notification to me like in a phone call i will go with in 1hr
     
  4. mightymoose

    mightymoose Moderator

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    I wouldn't worry much about it. A text message is not an efficient way to coordinate such things.
    Were you ordered by the court to comply with these tests or do you do so voluntarily?
    If voluntarily, even less reason to be concerned with it.
     
  5. JEGardner4

    JEGardner4 Law Topic Starter New Member

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    its part of the case plan for me to get my daughter back and dcf is holding it against me
     
  6. army judge

    army judge Super Moderator

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    Not everyone that has a cell phone has text messaging capability.
    Some phones and plans can only receive telephone calls.
    You can also ask for emails, rather than text messages.
    You always have to illustrate a willingness to get it done.
    You don't even have to mean it inside, just pretend and get it done.
    Go in, ask to speak with someone and say, I want to cooperate, but I'm too poor to have a phone that can send/receive texts.
    I can only receive calls, and make calls, or I can access emails.
    Will that work for you so I can meet ALL of my commitments?
     
  7. leslie82

    leslie82 Well-Known Member

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    So why don't you have them communicate with you another way if you don't receive texts? You gotta figure out how to show up for the drug tests. It's that simple.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    By a cell phone that doesn't text. Get a different phone number for that phone and give it to DCF with WRITTEN instructions that the other number is cancelled and the new number has no texting.

    Then carry your new phone everywhere and make damned sure you answer it when it rings.

    As previously noted you can't win and you don't get your daughter back if you don't comply.
     
  9. JEGardner4

    JEGardner4 Law Topic Starter New Member

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    adjuster jack i am asking for real lawyer help not a punk who couldnt make it in Jr. college in BFE for law school
     
  10. JEGardner4

    JEGardner4 Law Topic Starter New Member

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    i have tryed that but dcf doesn't care and i'm stuck with a public pretender (defender) who thinks a mother that took 8 yrs to get off meth after a year in jail and is now on heroin is a better parrent
     
  11. army judge

    army judge Super Moderator

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    Okay, let me try.

    Were you and the mother married when the child was born?

    If you were never married, did you establish paternity via DNA testing using the state child services agency, or on your own in court?

    Are there lawful child support, custody, and visitation orders in place?
     
  12. JEGardner4

    JEGardner4 Law Topic Starter New Member

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    never married in Fl if you sing the birth certificate you are the father legally since you should have ask for a dna at birth if there were doubts and i have raised her since birth to age 12 so paternity to me doesn't matter I was given full custodial rights in 2008 and child support was set and she owes $19,000 in back child support. the mother lost custody before do to being prego and + for meth. she didn't try to comply with dcf then, and lost custody of here second child all together which was a good thing since she was born with all sort abnormalities do to drugs
     
  13. army judge

    army judge Super Moderator

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    That looks great for you.

    So why is DCF all up in your life?
     
  14. JEGardner4

    JEGardner4 Law Topic Starter New Member

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    cause my ex was on probation for 6 months so she was staying clean and accused me of misusing my pain and anxiety med and then convinced my daughter to lie to dcf by telling her that me and her mother would get back together and this started with her being denied by a judge for an emergency custody of our daughter that the judge found to be unfounded and dismissed the case so she filled the complaint with dcf and well in Fl they take the child make you jump through hoops and never ask ? Oh and yes Fl is sexist the mother makes an accusation its gospel but the father is never listened to
     
  15. army judge

    army judge Super Moderator

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    Brother, it cuts both ways.
    Florida is not sexist, it just investigates the story it gets first.
    This is easy, you're already on your way.
    If you want your child back, do everything they tell you and pretend to like it.
    If you think the price is too high, you don't have to do a darn thing.
     
  16. JEGardner4

    JEGardner4 Law Topic Starter New Member

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    i am doing everything i just want to get the test that i never got the texts for thrown out when i went through this before it was in tampa fl. in 2006-2008 and there and then it was illegal for them to send me for a test with out verbal confirmation that i new i had a test. if i get them tosed out it takes me a month to get her back if i don't its 3-4 months

    Oh and Fl is sexist my ex tells them that i have a drug problem they believed her to get them to believe she was doing heroin enough to test her i had to get her on video audio and a witness to get them to listen and that's with her record of manufacturing meth dealing uttering forged bills and what ever check washing legal term is over the last 8 yr
     
  17. army judge

    army judge Super Moderator

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    Good luck to you.

    You don't have to believe me.

    I hope you get your kid back and live a happy life.
     
  18. leslie82

    leslie82 Well-Known Member

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    You need to read the disclaimer: Legal Disclaimer: The content appearing on our website is for general information purposes only. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. The law is also subject to change from time to time and legal statutes and regulations vary between states. It is possible that the law may not apply to you and may have changed from the time a post was made. All information available on our site is available on an "AS-IS" basis. It is not a substitute for professional legal assistance. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising.

    You got good advice - you need to get a phone that doesn't text and take that option from them so you can get notified properly.

    You gotta play the system and do what they say. Sucks.
     
  19. JEGardner4

    JEGardner4 Law Topic Starter New Member

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    I understand that but the person that that was sent to in response to there post that even me an auto tech/ now battery engineer (aka design a build batteries like LiP batteries) could see was not close to good advice and i dislike people making comments on thing they have no clue about and are saying thing to make people mad and could potentially get them in more trouble
     
  20. leslie82

    leslie82 Well-Known Member

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    Tell me how this isn't good advice:
    "By a cell phone that doesn't text. Get a different phone number for that phone and give it to DCF with WRITTEN instructions that the other number is cancelled and the new number has no texting.

    Then carry your new phone everywhere and make damned sure you answer it when it rings.

    As previously noted you can't win and you don't get your daughter back if you don't comply."


    That's pretty good advice when you're having trouble with DCF getting ahold of you and they're only contacting via text. Why do you think adjusterjack has no clue what he's talking about? If that made you mad, you might not want to be on the Internet. How does this get you in "potentially" more trouble? That won't get you in trouble if you tell DCF "This is my new phone. It doesn't have texting on it so you have to call me." You can't. Why would you even think that you could?

    I'm beginning to think there's more to your story if you think that having a phone that solely works as a phone and nothing more would get you in trouble.
     

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