Ca custody matter

[mishelle2]

CO is in CA, bm is filing motion to modify custody/visitation child is 12  she has decided she doesnt like what little I have and is attempting to take it.. anyways, mother I believe overuses vicadin and is on medical, my son tells me that she often sleeps most of the day away, and she also drives after taking 4-5 pills at a time.. but I dont know how to prove it..


1. How do I prove she overuses this drug?

2. Can I bring this up in mediation or is it hearsay?

3. any other advice?

[socrateaser]

>CO is in CA, bm is filing motion to modify custody/visitation
>child is 12  she has decided she doesnt like what little I
>have and is attempting to take it.. anyways, mother I believe
>overuses vicadin and is on medical, my son tells me that she
>often sleeps most of the day away, and she also drives after
>taking 4-5 pills at a time.. but I dont know how to prove it..
>
>1. How do I prove she overuses this drug?

Have your son call FL Child and Family Services the next time Mom appears to be heavily using and she wants to drive somewhere. The nexus is that the Mom is intoxicated and driving the child.

Otherwise, you're probably wasting your time, because the court won't order a drug test just on your alleging the other parent's drug use. It makes you seem like you're a vindictie parent.

>
>2. Can I bring this up in mediation or is it hearsay?

Mediation is for settling issues. If you raise the drug use, the mediator won't report it, beause it's privleged communiation, and by bringing it up, you are waiving a red flag that you don't want to settle anything.

>3. any other advice?

Yeah, I thought you had temporary custody of your son last summer. How is it that the kid is back in FL and you have almost no time with the child?

This is the second time I've asked you about this, and you're not telling "the rest of the story." If you don't fill in the blanks, I'm gonna stop helping.

[mishelle2]

okie dokie let me clear up the silence... son.. isnt the one in FL .. daughter is.. I attempted to get temp custody of her and it was denied, due to mother having child every school year and they didnt want to change  status quo,  I did get every summer and every school break.
Son I have been fighting with his mother since I found out about him at the age of 5.. it is an uphill battle, she is the one I think misuses vicadin, biggest problem with this case is that in my county you dont need a change in circumstance to go to court... just an atty thatll go for you.  
she is attempting to take 1/2 my christmas break cause she doesnt think its fair.. co states that one year mother gets all but 5 days of break and one year I do, now that its my turn mother is baulking at idea, even though she had no problem with it last year when it was her turn,, in my county Mediator trumps all... anything they say the judge orders..so I hope mediator orders something good.
the mom is filing for an order shortening time and temp order for my part of break.. I am praying that judge denies her request, however the judge is a female, who has no children and for some reason is extremely bias!! I am doing my best and will continue to do so.
I believe that the mother is using her medical and going to walk in clinics to get mulitiple prescriptions and she is choosing pharmacies that are about 25 minutes away from one another, I am wondering if I should turn her in to medical fraud unit.

hope this clears up the confusion.. yes I know.. 2 kids 2 different mothers... and one hell of an attorney bill!!!!