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  1. #1
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    Default How to Get Hair Follicle Testing in a Custody Battle in Ohio

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

    I am a single mother of two boys. There father and I where never married, and we seperated after my youngest was turned one. We have since then been doing shared parenting, but in the last 6 months i have been receiving text and calls from family members of my ex's stating that he and his current wife are using drugs. I am conserned for the safty of my children when they are at there fathers. And I would like to get full legal custody of them, and restrict the fathers/stepmothers visitations down to supervised visitations. I think the only way that i could prove the drug usage would be thru a hair follicle test. None of his family are willing to testify against him in court. I also believe that with an impending court date he and his wife would be able to flush there urine enough to pass an urine test. In addition i would also want the wife tested as well since she is around my children so much.

  2. #2
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    Default Re: Hair Follicle Testing in a Custody Battle in Ohio

    Quote Quoting singlemom20
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    My question involves a child custody case from the State of: Ohio

    I am a single mother of two boys. There father and I where never married, and we seperated after my youngest was turned one. We have since then been doing shared parenting, but in the last 6 months i have been receiving text and calls from family members of my ex's stating that he and his current wife are using drugs. I am conserned for the safty of my children when they are at there fathers. And I would like to get full legal custody of them, and restrict the fathers/stepmothers visitations down to supervised visitations. I think the only way that i could prove the drug usage would be thru a hair follicle test. None of his family are willing to testify against him in court. I also believe that with an impending court date he and his wife would be able to flush there urine enough to pass an urine test. In addition i would also want the wife tested as well since she is around my children so much.
    Unfortunately, if you already have court orders giving you shared parenting, you are going to need more than that. Right now all you have are accusations by his family, who are NOT willing to testify. A judge won't order any kind of drug testing without some evidence that drug usage is actually happening.

    Also, unfortunately if the drug in question is pot, many judges don't consider that to be a serious enough issue to take away parenting time.

  3. #3
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    Default Re: How to Get Hair Follicle Testing in a Custody Battle in Ohio

    And there is virtually NO chance you'll get an Ohio judge to order that Stepmom submits to drug testing.

  4. #4
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    Default Re: How to Get Hair Follicle Testing in a Custody Battle in Ohio

    Quote Quoting Dogmatique
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    And there is virtually NO chance you'll get an Ohio judge to order that Stepmom submits to drug testing.
    Good point. She is not a party to the case therefore the judge really cannot order her to do anything.

  5. #5
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    Default Re: Hair Follicle Testing in a Custody Battle in Ohio

    There is no current court orders this is something that we have arranged after we split. and we were never married.

    - - - Updated - - -

    That doesnt seem fair she is arround my kids as much as there father is and helps care for them. Wouldnt she be held responsible if they where injured while under her care?

  6. #6
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    Default Re: Hair Follicle Testing in a Custody Battle in Ohio

    Quote Quoting singlemom20
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    There is no current court orders this is something that we have arranged after we split. and we were never married.

    - - - Updated - - -

    That doesnt seem fair she is arround my kids as much as there father is and helps care for them. Wouldnt she be held responsible if they where injured while under her care?
    Of course she would be held responsible if she were negligent and that cause them to be injured. However so would a babysitter, a daycare provider, a teacher or anyone else that might have care of your child. You don't get to drug test any of them either.

  7. #7
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    Default Re: Hair Follicle Testing in a Custody Battle in Ohio

    If she was obviously negligent, then sure. But you've said nothing about her being negligent.

    Stepmom's Constitutional rights by far outweigh the parent's desire to have them drug tested.

    If something does happen on their watch, and it can be proven (at least somewhat) that drug use was the main (or even a contributing) factor, then you can take action. But as it stands, the court won't act upon "if".

  8. #8
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    Default Re: Hair Follicle Testing in a Custody Battle in Ohio

    thanks for your help

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