Home Drug Testing of runaway spouse to see children

Status
Not open for further replies.
J

jpipkin12003

New Member
My wife ran off with a convicted felon who was convicted of man. Meth. He us awaiting trial on a new drug charge dropped drugs in my house 2 days before she left. She left saying she knew I would take care of the kids and never looked back. Now she says she wants to see the kids. Since I and her entire family suspect she is on drugs can I require her to take a home drug test before interacting with the kids. I find not want that around my kids. I have the test and she has used before so for the safety of our 4 and 5 year old is that asking to much?
 
Nope. She has equal rights to the children, and you need quite honestly to file for divorce and request that she be drug tested. You'll need proof though, even to have the court to order a test.

She has used before? When?
 
Few months ago causing us to move to get her away from it. And when the guy was using she was there with him so pretty reasonable assumption she is using again. I'm trying to find a lawyer..
 
I didn't make it clear in my post. I have the test and would like to require before any un supervised visits should she actually try. She sent a message Friday asking to see them on Saturday and it'd now Sunday and she has shown up if any contact what so ever..
 
You can ask her to take test but she does not have to agree. She can fail test but you still have no legal power to deny visit if Mom has a court order that grants her visitation.
 
Unless you have a court order to that effect no, you may not require that she take a drug test (whether you've already got the test or not) before she takes the children.

Is that clear enough for you?
 
Thank you shrink master.. she has no court order. And I just want to ask her and see my legal options. Obviously cbg has some issues with it.. maybe a supporter of legalizing drugs. But will be a long time before that happens in Arkansas...
 
Actually I'm about as far from a supporter of legalizing drugs as you can get. I have some issues with your assuming you have a right to withhold your mutual children from their mother, who as things stand has equal rights to them as you do, unless you violate her privacy.
 
Last edited:
After Mom took off how long was she gone and what actions did you take? Examples being Divorce, legal seperation, custody, visitation etc?
 
This time 2 weeks and with no contact. I filed emergency custody papers and seeking a lawyer for the rest.. I have never withheld them other than supervised visitation. They have already tried yo flee the state and not in the state. So I can't see I'm being unreasonable here.... she left them.. I'm doing the best I can for them... thanks..
 
jpipkin12003 said:
This time 2 weeks and with no contact. I filed emergency custody papers and seeking a lawyer for the rest.. I have never withheld them other than supervised visitation. They have already tried yo flee the state and not in the state. So I can't see I'm being unreasonable here.... she left them.. I'm doing the best I can for them... thanks..
Click to expand...


It doesn't matter what you think.

It matters what the COURT thinks. And at the moment, you have equal rights to the children.

Presumption doesn't matter. Suspicion doesn't matter. Proof matters.
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top