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Can You Deny Visitation if the Non-Custodial Parent Refuses a Drug and Alcohol Test

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  • 12-31-2015, 10:30 AM
    mgtexas79
    Can You Deny Visitation if the Non-Custodial Parent Refuses a Drug and Alcohol Test
    My question involves a child custody case from the State of: Texas

    Final decree states I can order a drug and ETG test be done when the other party has custody for 72 hours or more. I requested a drug & etg Monday and he refused because it was a nail and observed urine test plus synthetic marijuana. Nothing in the paperwork states what kind of testing is approved just a drug and ETG test can be requested. Now he is claiming it was a violation of his privacy even though they offered him the unobserved urine but that they would document he denied the requested observed. The decree also states I have the right of refusal to exchange upon the agreed terms and finding. I guess I just wanted a second opinion because he continues to threaten me that I will be thrown in jail if I keep his child away from him. Which we already have one positive drug test from a year ago I just suspected he was using other means to pass the others that I have requested since. I have been told numerous times by attorney "we got him" but when we go to court the judge just slaps him on the hand and says "not again".
  • 12-31-2015, 11:44 AM
    Dogmatique
    Re: Refused Drug Alcohol Test
    If you have followed the court order, you have nothing to fear.
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