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  1. #1
    Join Date
    Jan 2008

    Default Enforceability of Substance Abuse Assessment

    My question involves a child custody case from the State of: California

    In my recent court hearing regarding custody/visitation I got an increase in time with my child. However, the ex engaged in all manner of mudslinging, the net result of which is that the mediator's report included a requirement that we both undergo a Substance Abuse Assessment. The mediator's report was adopted as-is by the judge.

    There is, however, no timeline specified for completing the assessment. While I am perfectly willing to do it, I strongly suspect that the ex will not do so, given her past behavior and the fact that she actually is an alcoholic.

    How do I go about enforcing the assessment should she not take it soon, particularly since there was no deadline attached to it and none of the custody/visitation/support decisions are contingent upon the result?

    Should I even bother to do it myself?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Enforceability of Substance Abuse Assessment

    Get yours done and, if after thirty to sixty days beyond the submission of your results you're still waiting on your ex, consider bringing a motion to show cause. With this much mud flying, it seems like you would benefit from being represented by a lawyer.

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