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  1. #1
    Join Date
    Sep 2017
    Posts
    3

    Default Grandparent is Seeking Custody Based on False Drug Abuse Allegations

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

    My mother, the paternal grandmother took my son from the baby sitter, my cousin and his girlfriend. While I was out of town working and helping a friend with his house. while I was away she went to Hamilton county courts and filed for emergency custody of my son on the false accusations that I am a serious drug user which included heroin, meth and cocaine. They granted her emergency custody without a single test or visit to me or my home. which she also claimed was full of drug substances and things to do them with, including spoons...

    I have never in my life been involved with any hard drugs or been convicted of any crimes to do with drugs. yet they granted her temporary custody anyways. after my 1st pre trial I did all I could to prove the courts that her accusations were false including a screen shot with time stamp of her real intentions ( the judge had no interest in this what so ever). A month before she had done this she contacted a mutual friend of mine saying that if I did not leave the father of my child she would take him away. As we stand now, she kept true to this statement for I have had a lot of issues seeing my son.

    the court ordered my now husband and I to take 3 drug screens before the 27th which is the next court date that we are to pay for and sign a release form that her attorney can have results for. No where does it what type of test we are to take. I was relieved to hear this because I am deathly afraid of needles and I cant bare the thought of being stuck. We were court ordered to take a dated test 3 days after our pre trial and we complied and passed both our tests which was a 10 point urine test which we asked the magistrate if that was acceptable and she said yes along with the 3 other tests we are to complete before the 27th at our discretion.

    Today we were contacted by HER attorney that the grandparent had paid for and scheduled a drug screen of hair follicle tests this THURSDAY, which I feel is an invasion of my privacy and is not allowed without my consent and is backed by my 4th amendment right. I respectfully declined her paid appointment and scheduled time because in no where does it state that this woman is allowed to make the schedule or decide what type of test myself or my husband should take and I don't understand her reasoning behind this if I am passing a urine test which shows any current or recent abuse of any substance.

    I plan to continue our personal schedule and tests by the 27th which is in compliance with the court document that states any 3 tests can and must be completed by the 27th. We are able to do these tests only on Fridays due to the work schedules we both have and our checks come in on Friday so it is easier for us to do it this way and we don't have issues making our bills planning it as such.

    This woman is also abusing her power to pick and chose when we can see or son and where to where we have to drive almost 2 hours away from our home to see him in a McDonalds that's always loud and busy and at a time of night where he is cranky due to his sleep schedule they have changed along with other things, completely disrespecting myself and my son. she also refuses to allow me visitation with my son unless her husband, my step father is in town. which is rare do to the fact he is a delta pilot and is rarely home. our only real off day we can see our son is Sunday but she claims she is "too busy" during the day and weekends to allow us proper, respectful visitation.

    My husband is a mechanic who makes decent money and I myself am self employed and we have had NO luck finding someone to represent us in Ohio for a fee we can afford on top of our house payments and bills. I have court papers from a juvenile case that my PO from 2013 states that I was Abused as a child mentally and physically by this woman and every day she spends with my son I fear the absolute worst and this woman scares me.

    I am looking for any advice on this situation. we are young parents doing our very best to make it in this world and this woman has terrorized me my whole life. if anyone has any help or advice for us it would be a god sent. please. help me free my son from this evil that has tarnished my name, abused me mentally and ripped my family apart.

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

    Default Re: Grandparent is Seeking Custody Based on False Drug Abuse Allegations

    Whether or not it's fair, when you declare that a hair test is "too intrusive" you risk sending the message to the court that you have a long-term drug problem that didn't show up in your urine test. You're giving your mother ammunition and, if your test will be clean, you're doing so needlessly.

    Your mother's ability to decide where visitation occurs is set forth in the court order. If she's not complying with the court order, you can raise that issue with the court. If she is complying with the court order, but the result is unreasonably inconvenient to you, you can raise that issue with the court as well -- but that would be part of an effort to modify the order as opposed to enforcing the order.

    You should try to find a way to get a lawyer.

  3. #3
    Join Date
    Jun 2010
    Posts
    671

    Default Re: Grandparent is Seeking Custody Based on False Drug Abuse Allegations

    Where is the father of the child?

    Also - just what IS the problem with a hair follicle test? Since you say that you have never used/been around hard drugs, it shouldn't be an issue. Unless you're concerned with "soft" drugs showing up? Nor do you need to worry about needles. (also - 27th of what month?)

    I agree that you really need a lawyer.

  4. #4
    Join Date
    Sep 2017
    Posts
    24

    Default Re: Grandparent is Seeking Custody Based on False Drug Abuse Allegations

    Yeah keep looking for a lawyer. I would pay for and get my own hair test, it's about 125 bucks or so. I wouldn't trust her source for that. Tell her lawyer that since she has paid for it, she should go take her own test herself.

  5. #5
    Join Date
    Sep 2017
    Posts
    3

    Default Re: Grandparent is Seeking Custody Based on False Drug Abuse Allegations

    father is in our house, living and working like usual. I have the right to refuse such a test due to the fact its part of my DNA and I don't believe in giving any government any rights to my DNA. drug related or not. exp at this woman's request. really its just to spite her and for my own personal beliefs. the 27th of NOV

  6. #6
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Grandparent is Seeking Custody Based on False Drug Abuse Allegations

    Quote Quoting JoanSnow
    View Post
    father is in our house, living and working like usual. I have the right to refuse such a test due to the fact its part of my DNA and I don't believe in giving any government any rights to my DNA. drug related or not. exp at this woman's request. really its just to spite her and for my own personal beliefs. the 27th of NOV
    These things are more important than your child ? If they are, perhaps the child is better off with the grandmother. I do not believe the grandmother had nothing but her word you and the childs father use drugs when she got custody. You and the childs father are hiding something.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Grandparent is Seeking Custody Based on False Drug Abuse Allegations

    I have the right to refuse such a test due to the fact its part of my DNA and I don't believe in giving any government any rights to my DNA.

    Yes, you do.

    However, the court has the right to determine what you do and how you do it and if the court supports her request, it's either comply or lose custody of your child.

  8. #8
    Join Date
    Jun 2010
    Posts
    671

    Default Re: Grandparent is Seeking Custody Based on False Drug Abuse Allegations

    Guess sticking it to grandma is more important to you than the kids are. Wow.

  9. #9
    Join Date
    Sep 2017
    Posts
    3

    Default Re: Grandparent is Seeking Custody Based on False Drug Abuse Allegations

    ignorant people like you give up your legal rights all the time. I see this happen a lot on social media during simple traffic stops. if your going to get on here to try and tell people to give up there given rights then I don't think this is the site for you. but thanks for showing me that you all are just a corrupt and uneducated as the rest of these children we call millennials. If the court orders us to take a certain test I would gladly comply. but they did not. and the magistrate stated that the 10 point tests we have taken are sufficient enough because it shows recent and current use of substances. please. before you get on a legal form and try to give advice, make sure you actually know the law and your basic human rights. google the 4th amendment then get back to me. its not THAT hard.

    Quote Quoting Mercy&Grace
    View Post
    These things are more important than your child ? If they are, perhaps the child is better off with the grandmother. I do not believe the grandmother had nothing but her word you and the child's father use drugs when she got custody. You and the childs father are hiding something.
    when defending yourself and your rights as a US citizen is seen by uneducated people it easy to see how you come to this conclusion. but ill help you out. You are innocent until proven guilty in the court of law, you have legal right to refuse access to your persons DNA unless probable cause is given. In ohio, you have to be ordered by the court to take any test beyond a urine test if the court sees it fit. but they did not and also let me educate you on the financial burden of these said tests. 300-500 a person for blood and hair tests. we are court ordered to hold the financial burden of our tests and the court acknowledged this and also sees this is not needed in the first place. say what you will with your uneducated opinions but I am a woman of justice who refuses to allow anyone to have their rights taken from them and to allow someone to break a court order. So that's where we stand now. educate yourself before you open your mouth on any matter. exp. when it comes to the law and your rights. I hate to see your rights taken and abused as well.

  10. #10
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Grandparent is Seeking Custody Based on False Drug Abuse Allegations

    There is no DNA testing done when a hair follicle test is done.

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