Maternal Grandparents Getting Emergency Custody

**worriedinthebluff** · 05-02-2011, 12:17 PM

My question involves grandparents rights in the State of: LA

We are having problems with my parents. I was contacted by a detective stating I have papers to pick up and an emergency drug test to give. This is being done thru my dad. Me and my husband are still together and have been since 99. I don't understand how they can MAKE me take a drug test when there isn't any evidence. Can they take away my children because of the stories they are telling their lawyer and detective? What do I need to do?

**Dogmatique** · 05-02-2011, 01:47 PM

Quick question - are you going to pass this drug test?

WHY have your parents filed for emergency custody? What's the back story?

**aardvarc** · 05-02-2011, 02:18 PM

Quoting worriedinthebluff

My question involves grandparents rights in the State of: LA

We are having problems with my parents. I was contacted by a detective stating I have papers to pick up and an emergency drug test to give. This is being done thru my dad.

But it takes a JUDGE to order emergency testing if there are implications of child endangerment due to drug use. And if that has happened, then compliance needs to occur.

Me and my husband are still together and have been since 99. I don't understand how they can MAKE me take a drug test when there isn't any evidence.

We can't possibly know what allegations have been made, or upon what testimony or any other evidence that the judge used to make the decision that testing was prudent. But the judge doesn't NEED much. This isn't a criminal trial, and the judge only needs a reasonable suspicion that the child COULD be in danger to order such testing.

Can they take away my children because of the stories they are telling their lawyer and detective?

The judge can if they have reason to believe that the children are in danger. As we have NO details, we're not in a position to guess how likely that might be.

What do I need to do?

You need to both be working with an experienced family law attorney, AND, with that attorney's guidance, comply with whatever the court orders.

**worriedinthebluff** · 05-02-2011, 03:20 PM

Yes, I will pass the drug test. I messed around w/drugs in 06, but have been clean since then. I learned my lesson. My 13 yo daughter wroted them a letter that got us evicted from their property. My daughter said she was scared of me. Told them that we were back into drugs again. They are heavily into drinking and now have temp custody of my oldest. I'm not fighting it at all. My mother saw my son at school and told him they were doing everything they could to get him away from the bad people meaning me and my husband. My father is bi-polar and both have a terrible drinking problem. There is no evidence what-so-ever that I do any kind of drugs. They are mad because I've told them they will never see the other 2 children again. I have never been in any type of trouble w/law or anybody!!! Why should I play into their sick games?

**PQN** · 05-02-2011, 03:32 PM

How (and how long ago) did they get custody of your oldest? How old are all of the children?

**aardvarc** · 05-02-2011, 03:42 PM

My 13 yo daughter wroted them a letter that got us evicted from their property. My daughter said she was scared of me. Told them that we were back into drugs again.

That's more than enough to concern a judge.

There is no evidence what-so-ever that I do any kind of drugs.

Then the sooner the issue is put to bed, the better.

They are mad because I've told them they will never see the other 2 children again. ...Why should I play into their sick games?

Because now the courts are involved (which usually also means CPS), not only due to apparant reporting by your parents, but ALSO due to statements made by (at least one of) the very child(ren) the courts are trying to protect. So pass the test, and go from there. I reiterate that your position and actions can be best served with assistance from a family law attorney.