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  1. #21
    Join Date
    Jan 2009
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    California
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    397

    Default Re: The Custodial Parent May Be Abusing Prescription Drugs

    I got a response because it was an anonymous call. That's how CPS works sometimes.

    Side note: Mom is not custodial... so whomever changed the title is completely wrong.

    - - - Updated - - -

    That was unnecessary. This is a legal help forum. People come here for legal help and guidance. I'm sure a lot don't like the bs that they are handed. They don't come here to be put down, or made fun of.

    Again, have a consult tomorrow. One who knows the laws.... unlike....

  2. #22
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    Apr 2009
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    Somewhere near Canada
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    Default Re: The Custodial Parent May Be Abusing Prescription Drugs

    Let me explain something to you.

    This is in regards to family law, not criminal. Okay?

    You went through her phone without her permission - MOST judges would throw a screaming hissy fit if the other parent did that, let alone a legal stranger. By doing so, you're actually suggesting that you have certain rights which you don't actually have - and you can seriously damage your husband's custody.

    Do you really want that?

  3. #23
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    Jan 2009
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    California
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    Default Re: The Custodial Parent May Be Abusing Prescription Drugs

    OMG, you really have a hard time reading and comprehending don't you?

  4. #24
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    Apr 2009
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    Default Re: The Custodial Parent May Be Abusing Prescription Drugs

    Quote Quoting mrshiggins
    View Post
    Yes, you're right, I shouldn't have done that

    My thoughts exactly.

  5. #25
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    Jan 2009
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    California
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    Default Re: The Custodial Parent May Be Abusing Prescription Drugs

    Ok, so what's your point? What is done is done... and now thinking back it's a good thing as she is taking pictures of him that are inappropriate bordering on pornography...

  6. #26
    Join Date
    Sep 2005
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    California
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    Default Re: The Custodial Parent May Be Abusing Prescription Drugs

    Actually, there is likely no real legal problem with going through the phone abandoned on the OP's property ... provided it was not done at the request of the police or CPS. The problem might come if any of these texts or photos are used against the other parent as there can easily be an argument made that the messages were planted, etc. as the phone was out of her possession for a significant amount of time and not immediately turned over to law enforcement. The "evidence" might be difficult to introduce in any legal proceeding.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #27
    Join Date
    Oct 2006
    Posts
    16,262

    Default Re: The Custodial Parent May Be Abusing Prescription Drugs

    Quote Quoting cdwjava
    View Post
    Actually, there is likely no real legal problem with going through the phone abandoned on the OP's property ... provided it was not done at the request of the police or CPS. The problem might come if any of these texts or photos are used against the other parent as there can easily be an argument made that the messages were planted, etc. as the phone was out of her possession for a significant amount of time and not immediately turned over to law enforcement. The "evidence" might be difficult to introduce in any legal proceeding.
    She didn't do it at the request of police or CPS. She made that clear in her original post. She did it purely out of a desire to "snoop". She specifically said so.

  8. #28
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    Sep 2005
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    98,846

    Default Re: The Custodial Parent May Be Abusing Prescription Drugs

    As cdwjava indicates, absent our learning that she also bypassed passwords, that's why there's not likely to be a problem - there's no state actor involved and thus no Fourth Amendment issue.

  9. #29
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    Sep 2005
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    California
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    Default Re: The Custodial Parent May Be Abusing Prescription Drugs

    Quote Quoting llworking
    View Post
    She didn't do it at the request of police or CPS. She made that clear in her original post. She did it purely out of a desire to "snoop". She specifically said so.
    That subjective purpose should not make any LEGAL difference. As a private individual, she can pretty much look over anything left on her property ... whether she can use any of it against someone at a legal proceeding might be another matter.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  10. #30
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    Default Re: The Custodial Parent May Be Abusing Prescription Drugs

    Quote Quoting mrshiggins
    View Post
    My husband and his ex have had difficulties in the past about custody. There was about $10K spent on our part to keep her as little as possible because of the type of person/mother she was/is. After awhile things cooled down and she seemed normal and everyone was being cordial.
    Would it be correct, then, to say that your husband filed a motion to modify custody, litigated it and lost?
    Quote Quoting mrshiggins
    Today, she dropped her phone in our driveway. My step son had a football game and we were out of town for family. She stopped by our house and picked up his stuff for football. We got there about an hour later to get some water and cleaned before leaving for the game (across the street). I didn't the phone until we were leaving. I saw it and picked it up. I didn't know it was hers until I opened it up. I read her text messages because honestly, I was nosey. But what I didn't expect was what I read.
    She talks about her addiction to pain killers (vicodin, Norco). These aren't her prescriptions. She has about 3 drug dealers that she gest them from and from what it sounds like she hooks people up with pills as well.
    None of this is known to the child? (At least, assuming you haven't told the child?) Her parenting is otherwise the same as it was when the last round of custody litigation was waged?
    Quote Quoting mrshiggins
    This last Friday, yesterday, she had the PGE (electricity) turned off for non payment and scraped money just enough to get by.
    And?
    Quote Quoting mrshiggins
    She has messages in there about her sleeping while her 10 year old watches her 4 year old.
    And?
    Quote Quoting mrshiggins
    There have been times where my step son has had to watch the 4 year old (when the 4 year old was even just months old [changing her, getting her a bottle, and entertaining her until mom got up) because his mom was sleeping.
    And?
    Quote Quoting mrshiggins
    She has messages in there about hiding pills from her husband and talking to someone about blood, veins, blue veins and red veins. I don't know if this is in reference to shooting up or what. This was a problem when husband and her were married. She wanted to do drugs to "wake up" and he didn't like that. This was mentioned in court in the beginning but because she hasn't been arrested and charged with any drugs then it was a no go.
    So he's been alleging drug use from the beginning, but he has never been able to establish that it has actually occurred, nor has he been able to establish that she's an unfit custodian - in fact, she has consistently defeated him in custody litigation and has consistently been made the primary parent? What has changed?
    Quote Quoting mrshiggins
    Is there anything my husband can do?
    Your husband has already raised accusations of drug use, but nonetheless mom was awarded custody. You say you found texts indicating drug use, but you have not shared any information about how you can relate what you read on the phone to the custody case. Most of what concerns you seems to be that sometimes when mom is asleep she has children who are old enough to watch the youngest child do so.

    Whether or not you convince a court that the texts are as you describe, if this amounts to raising allegations that the court has already heard and dismissed it's not a compelling case to modify custody. If he wishes to nonetheless try, your husband can team back up with his custody lawyer and give it another shot. Might your husband try talking to his ex- and expressing that he is concerned about her drug use? Might he try talking to her husband? That's something for him to decide based upon the full facts.

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