Custody and Past History

[NWMom]

My question for anyone who can answer this...

I just recently found out that my Ex Husband's live in girl friend was arrested for possesion of drugs in 2000.  The charges were dismissed however.  What do you all think?  Do you think that because some much time has passed without incident that the judge wont care?

[joni]

yes, I'd save it for a future use.  there was no indictment.  could be used for future credibility, if you should need it.

[MYSONSDAD]

I would look into why they were dismissed. You can also check out her background at the local court house. You can't print things out, but you can take notes.

"Children learn what they live"

[NWMom]

I heard it through the grape vine so I checked her out on a website.  So I have all the dirt.  I'm just not so sure it's dirt (anymore) ?

Well from what is on the record it was dismissed with prejudice.   Instead of going to court for the charges the DA presented her with a choice to enter into a drug program.  Because this was completed the charges were dismissed.  
( I just got done reading the 60 page report about the program online)

I mostly wonder since it's been almost 5 years and there is no proof of any drug use recently.  Will the courts see our side just looking for dirt and in turn hold it against us?  My lawyer thinks that we may be stretching on this one but plans to bring up in court.  

Also this was previous to their relationship and the children were not around her then.  I'm just worried that the judge will  say 5 years is far enough in the past.

[joni]

I think it would look as though you were looking to dish dirt.  However, file this away for future use.  If you have a future motion for a substantial change in circumstance or some other contempt or noncompliance, you can use this as a dent in their integrity.  Then you'd probably get some mileage out of it.

[NWMom]

That's what I was afraid of...

However we are in a custody dispute right now. We go to court in 2 weeks.

[smtotwo]

Psychomommys new husband was arrested, WHILE we were involved with the GAL. was given a deferred prosecuting agreement, If he completed drug couseling and community service, charges would be dropped, He did neither, dpa was recinded.

Between the time they recinded the agreement and the time he had to go back to court on the charges, he "completed" the requirements.

In 2 weeks, he did 50 hours of community service, by serving as co-den leader for skids scout troop, and drug counseling!

Charges were dropped!!  DH and I were flabbergasted!! And neither the judge nor the GAL in our case thought it was an issue.

Possesion of pot and 3 different pipes.  Excuse?  He was ice fishing with friends and they must have left it in his truck!!

GRRRR!!!!   I love our system, its always just and fair.

[joni]

keep it in your back pocket for use at the hearing.  Remember, revenge is best served cold.  If you go on the offensive with this info, it would probably blow up on you and make you look like you were nitpicking.  However, if your attorney was to casually mention during the course of arguing motions duirng your custody hearing...well...that would be entirely different.

[NWMom]

And with that being said confirms that the court is not likely to look at this as a situation. Your incident happened during your evaluation and ours happened almost 5 years ago and nothing in the present.

Sorry to hear about your situation.  It seems to me and probably anyone else reading this that in your case it should have been a
no brainer, but turned out to be the opposite.  So sad but true.

[NWMom]

My question for anyone who can answer this...

I just recently found out that my Ex Husband's live in girl friend was arrested for possesion of drugs in 2000.  The charges were dismissed however.  What do you all think?  Do you think that because some much time has passed without incident that the judge wont care?