Failure to Perform a Court-Ordered Drug Test in a Custody Case
My question involves a child custody case from the State of: Arizona
My former spouse and I have been dealing with a child custody case concerning our two minor children, 10 and 7. I am the petitioner and he is the respondent. About a year ago the respondent started recording our phone conversations in which I appeared to be clearly intoxicated. Respondent was able to file an emergency petition to gain custody of my children. Since then I have been alcohol-free and proving the urinalysis test to the court. Since then respondent continued to use drugs, of what kind I am not sure. Almost a month ago we had our hearing to establish custodial parenting rights. The judge ordered both of us to take a urine sample and a hair follicle sample on Tuesday. I did both tests on Tuesday immediately following Court. Respondent did not go until Wednesday to do the urinalysis and the hair follicle sample, in fact he paid for both tests but was unable to perform either. Respondent appeared for the continuing Court proceedings on Thursday without having taken either test. The judge held him in contempt however was unable to set a ruling for whatever reason. The judge allowed respondent to test on Thursday. Because the respondent had cut his hair immediately following the court ordered drug test respondent was unable to have the hair follicle sample completed. We are set for another hearing on November 27th and I am wondering why it is taking the judge so long to assume that the respondent should be seen as testing positive for ultimate refusal of taking the test.
Re: Failure to Perform a Court-Ordered Drug Test in a Custody Case
Did he shave underarms, legs, and chest as well?
if not, I understand those sources of hair are acceptable for drug testing.
If all areas available have been shaven I would ask the court to rule there was an intent to avoid testing and the court should assume there is some sort of illicit drug use for the purposes at hand and make their ruling accordingly until such time a test can be performed and prove drug use or no drug use.
Why the judge has taken so long to rule an implied positive? Maybe because you haven’t asked him to do so. Courts often do not act on issues such as this unless somebody involved has a problem with it.
Re: Failure to Perform a Court-Ordered Drug Test in a Custody Case
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jk
Did he shave underarms, legs, and chest as well?
if not, I understand those sources of hair are acceptable for drug testing.
As well as pubic hair...
Re: Failure to Perform a Court-Ordered Drug Test in a Custody Case
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jumanji
As well as pubic hair...
The couple of places I checked online said they don’t utilize pubic hair for some reason
From the nih;
https://www.ncbi.nlm.nih.gov/m/pubmed/20828950/
it can be used but apparently there are issues specific to pubic hair. I haven’t researched it anymore than this.
I did see where eyebrow hair can be used. Wouldn’t thst be a hoot; the guy ends up with one shaved eyebrow.
Re: Failure to Perform a Court-Ordered Drug Test in a Custody Case
Quote:
Quoting
jk
The couple of places I checked online said they don’t utilize pubic hair for some reason
From the nih;
https://www.ncbi.nlm.nih.gov/m/pubmed/20828950/
it can be used but apparently there are issues specific to pubic hair. I haven’t researched it anymore than this.
I did see where eyebrow hair can be used. Wouldn’t thst be a hoot; the guy ends up with one shaved eyebrow.
Wait..... World Class swimmer!