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  1. #1
    Join Date
    Dec 2014
    Posts
    1

    Default How Can a Parent Avoid a Court-Ordered Drug Test

    My question involves a child custody case from the State of:Ohio.... We just got out of the courts. My Friend has raised her child as a single mother. She's worked 100 hr weeks, Graduated college with a business degree, and through all, always supported her child having a relation with father and his family. She was practically best friends with his mother. She left him because he was stuck on hard drugs. Their boy is now 3 years old. His father ordered an immediate exporte about 2 months ago behind my friends back. In Court today she represented herself. She did all compliance of Court leading to today. She was ordered to take urine and Hair follicle test in which defendant, the father had to pay. ( When she reported, as soon as she received from sheriff, the father refused to pay so the testers made her log in and recorded time. ) The Judge asked them to do mediation, My Friend (women) agreed and even told the counseler she'd pay for the fees, The Defendant refused. The Defendants Family and Friends all Lied to courts. They said the father has always been the good parent, Never had drug issues and flipped the script on to her. They have money and she doesn't. They have kept her son from her for the last 2 months, I've heard him call her (n... lover word) because at one point she had dated an African American, state u will never see you child again, belittle her, for last 2 months. She has drank alittle more and the problem is that she has smoked trees I know. I think she did awesome representing herself today. but at the end the courts continued case and ordered test to be done again within 24 hr. Does She have the Right to refuse test after? Can She Postpone or delay Test? If refuses or misses test what will the pentalty of being held in contempt be? Can she just skip test tomorrow and just state she won't take test and ask to go to trial because I believe she did a great job in proving her case as a good mother and called them out on so many lines? Please help with suggestions as fast as please. I have watched her suffer and I believe if she does these tests it will be the only hard evidence to prove fathers case. She's a fair, Just , Mother that has always supported her son's well being. We have a friend that says he can help even get attorney if we have too at this point. ..please help with any suggestions. Thanks and God Bless

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Custody Rights of Son....NEED HELP ASAP!! PLZ and GOD BLESS ALL HELP

    If the court ordered a drug test, quite obviously she cannot refuse that test without potentially severe consequences. Frankly, if she's asking you for help and you can't figure out that much on your own, you should tell her that you don't have a clue about custody proceedings and that she should consult a lawyer. I mean no offense, but ignorance is dangerous in court.

    Tell her to find a lawyer and work with a lawyer.

  3. #3
    Join Date
    Dec 2014
    Posts
    11

    Default Re: Custody Rights of Son....NEED HELP ASAP!! PLZ and GOD BLESS ALL HELP

    It's really best to just find the money and pay for it. In my case, my ex requested drug testing, and I said only if he paid for it. He agreed, and we were sent straight to the lab down the street right after court. We didn't get 24 hours.

    Did the ex do his? I'm assuming he has to do one also?

    She'd be better to get it done, get her results submitted, and go from there. Not saying this is the case, but if father has a habit of drugs, it may be that he's not clean enough to take the test, and so didn't pay for it. It's also possible, knowing your friend couldn't afford the test herself, the ex could have thought she'd get in trouble for not taking it. That seems to be the way the judge is possibly looking at it. If she wants to prove she's clean, she has just as much burden as he does, to pay for her own testing. Heck, at this point, if he hasn't taken his, I'd pay for that also, and tell his lawyer. Then, when father doesn't show up for the test, she could innocently say "I paid for both tests, here's the receipt", and see how that goes.

    In rereading the end of your thread, you say "I believe if she does these tests it will be the only hard evidence to prove the fathers case."

    Then, I see where she has smoked "trees". I have no idea what that is, but she needs to stop, and she needs to get the test done. If she doesn't, she can be held in attempt, and also, a judge can see that as a sign of guilt, and side with the father. If ya'll can get the $ together for a lawyer, you'd better get on it. Because I don't see a judge enjoying reading those test results, with her being Pro Se.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: How Can a Parent Avoid a Court-Ordered Drug Test

    Apparently dad was correct in the allegations she was going to test dirty. Nothing screams louder in a courtroom than a dirty drug test result.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How Can a Parent Avoid a Court-Ordered Drug Test

    Quote Quoting coop1207
    View Post
    My question involves a child custody case from the State of:Ohio.... We just got out of the courts. My Friend has raised her child as a single mother. She's worked 100 hr weeks, Graduated college with a business degree, and through all, always supported her child having a relation with father and his family. She was practically best friends with his mother. She left him because he was stuck on hard drugs. Their boy is now 3 years old. His father ordered an immediate exporte about 2 months ago behind my friends back. In Court today she represented herself. She did all compliance of Court leading to today. She was ordered to take urine and Hair follicle test in which defendant, the father had to pay. ( When she reported, as soon as she received from sheriff, the father refused to pay so the testers made her log in and recorded time. ) The Judge asked them to do mediation, My Friend (women) agreed and even told the counseler she'd pay for the fees, The Defendant refused. The Defendants Family and Friends all Lied to courts. They said the father has always been the good parent, Never had drug issues and flipped the script on to her. They have money and she doesn't. They have kept her son from her for the last 2 months, I've heard him call her (n... lover word) because at one point she had dated an African American, state u will never see you child again, belittle her, for last 2 months. She has drank alittle more and the problem is that she has smoked trees I know. I think she did awesome representing herself today. but at the end the courts continued case and ordered test to be done again within 24 hr. Does She have the Right to refuse test after? Can She Postpone or delay Test? If refuses or misses test what will the pentalty of being held in contempt be? Can she just skip test tomorrow and just state she won't take test and ask to go to trial because I believe she did a great job in proving her case as a good mother and called them out on so many lines? Please help with suggestions as fast as please. I have watched her suffer and I believe if she does these tests it will be the only hard evidence to prove fathers case. She's a fair, Just , Mother that has always supported her son's well being. We have a friend that says he can help even get attorney if we have too at this point. ..please help with any suggestions. Thanks and God Bless

    Let's clear something up right now please.

    A mother who knows she'll fail a drug test and is willing to do whatever it takes - including a refusal - to avoid dropping dirty is not exactly being fair to her child.

    What the hell is she thinking?

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