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  1. #1
    Join Date
    Nov 2007
    Posts
    1

    Default Non-Custodial Parent Failed to Show Up for Drug Test

    I recently went back to have my child custody order modified (in PA). The father lives in NC and my daughter flies there once a month for a weekend...which is getting too crazy now that she is 13 and involved in many things she also does not want to fly down there anymore! I should have gotten it reduced a long time ago since every lawyer I talk to tells me that is ubsurd! I would really like to get it reduced to once every other month, but the hearing officer didn't see a need to. There are other things going on down there...too much to get into. On the day of our hearing a random drug test was ordered to be taken that day, since he was just arrested for a DUI. I went and so did he. I left before him and he must of skipped out at the last minute because the court never got his results. I am appealing the child custody officers recommendation. The court made their decision for custody before they received the results from the drug test.

    What kind of consequence will there be for him not showing up. I know the ball is in my court now. Is there such a thing as the court reconsidering it's decision without this thing going to trial? What are the consequences for him not showing up? Am I just going to waste a lot more money just to have a judge order him to take another one when he has had all this time to sober up just so they can keep the same custody order in tact without making any changes to it.

    Any help would be appreciated. Totally lost here and I am between attorneys so I have no one to ask for advice.
    THank you!

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

    Default Re: Failed to Show Up for Drug Test....Now What??

    The consequences could range from nothing to contempt, to an effect on the custody determination. Ask for the consequence you want, and see how the judge rules.

  3. #3
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Non-Custodial Parent Failed to Show Up for Drug Test

    Quote Quoting greatmomof4
    View Post
    I recently went back to have my child custody order modified (in PA). The father lives in NC and my daughter flies there once a month for a weekend...which is getting too crazy now that she is 13 and involved in many things she also does not want to fly down there anymore! I should have gotten it reduced a long time ago since every lawyer I talk to tells me that is ubsurd! I would really like to get it reduced to once every other month, but the hearing officer didn't see a need to. There are other things going on down there...too much to get into. On the day of our hearing a random drug test was ordered to be taken that day, since he was just arrested for a DUI. I went and so did he. I left before him and he must of skipped out at the last minute because the court never got his results. I am appealing the child custody officers recommendation. The court made their decision for custody before they received the results from the drug test.

    What kind of consequence will there be for him not showing up. I know the ball is in my court now. Is there such a thing as the court reconsidering it's decision without this thing going to trial? What are the consequences for him not showing up? Am I just going to waste a lot more money just to have a judge order him to take another one when he has had all this time to sober up just so they can keep the same custody order in tact without making any changes to it.

    Any help would be appreciated. Totally lost here and I am between attorneys so I have no one to ask for advice.
    THank you!
    Are you certain that he did not take the test at all?
    It is possible that he took the test but the lab did not send the report to the court, or sent it with the wrong case # on it. (this recently happened to someone I know, she took the test but the lab sent it with the wrong case#, of course it caused all kinds of problems but was straightened out later).

    The best thing is to talk to the lab and make sure that thier records are sure that he did not take the test.

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