Refuting Claims by CP

[sunnyin_fl]

I am in the middle of a custody modification due to the mother's use of drugs while in the presence of our son.

Long story short....filed contempt pro-se for visitations....8 months later...7 in hired and attorney..got make up visitation after mother kept child away by this time 1 full year.  Was only 5 at first.  Anyhow, son came for makeup visitation and we immediately took him to the doctor on that monday and they referred us to have drug testing on him...he is 5 and tested positive for THC in amounts that suggest he is a habitual user....we got DCFS involved...two states GA & FL..us in FL and GA gave mother 3 days to have testing done...duh...she tested negative.

Anyhow...we filed for modification...mother is stating we rubbed it in his hair...(not scientifically possible to do and test positive...they wash the hair).

My question is...in her interogatories, she is stating I'm a drug trafficker and her sister has knowledge of it.  I'm laughing as I'm reading this...because one I don't use, neither does my wife...and we not only submitted voluntary to a urinalysis, but also went and paid for a hair follicle test...because it shows 90 history.  Son also had this done and tested positive.

She doesn't have any proof of this accusation, but you know how the courts work....how can I prove that I'm not?  Other than stable job history, I will be more than happy to submit to any test they give me....but I fear it puts doubt in the courts mind.  I can say the same thing about her...but she doesn't traffic it...she just uses....BTW...son was born with it in his system.

THANKS!

[Ref]

She is just trying to make you waste your time defending yourself rather than going after her for her immoral behavour. Dh's ex always accuses him of what she is actually guilty of doing.

My advice would be to just focus on collection the info you need against you ex.

You just need to prove that she is a drug user. She would have to prove that you are doing anything wrong. What, besides her sister's testimony does she say she has proof of?

Did you ask you attorney to request a follicle test from BM?

Do you mind if she sees your tax return or W-2's from the past? If you don't, I would put them together for th epast 3 years to show stable work history.

You have submitted to enough physical drug tests. How about having a criminal search done on yourself using an online company and having one done for BM? This will show you have no record and maybe show that she does.

Don't sweat the accusations against you. I think it is pretty common for the offender to accuse the accuser and I think judges can see right through it.

Good luck to you and your child

ref

[sunnyin_fl]

Thanks for the info...yes she does have a criminal record and a past history of documented drug use.  She lost custody of her daughter due to this behavior and not found to have stable work history.

We submitted our tax returns and such and actually had a case mgmt meeting today.  Our attorney was able to pin her down to make her comply with a parenting eval that should have been completed in September...since that time she's had a baby and claims to have had complications...blah, blah, blah...

Thanks for the confidence booster, sometimes it is so frustrating.

[Sunshine1]

Is the child in your custody at the moment?

[sunnyin_fl]

No...we do not.  we went for temp custody before school started in June...but was not given temp due to anything that may arise in the evidentiary phase of this long process.  I understand the reasoning...if something came out about me that was awful and they had transferred custody...then the judge would look bad and make the childs life more traumatic by switching back again.

[mistoffolees]

That seems rather odd since your ex is the one with the criminal history and documented drug use.

Isn't there anything your attorney can do to speed the process up - or at least gain you greater visitatioin while it's being resolved?

[sunnyin_fl]

I think he is doing that now...not that he wasn't before...but he was waiting until she had her new baby until filing for a motion to comply so that she wouldn't pull a sympathy card.  All this while my own wife was pregnant who basically hand feeds our attorney, had our own baby and had complications...all is fine with the baby now.

We had case mgmt yesterday and the judge (who I didn't know at the time was not our regular judge...she was out of the country), told my ex's attorney (we were never married) that she better comply.

Now, my attorney is going to move forward, schedule depositions and he is supposed to wait until the parent eval report is in, before he schedules a final hearing....but he is going to set one as soon as he can and hope no one says anything.  Possibly in March.  Her appt. is supposed to be on 2/3 and I was told this Doctor is good about getting his reports in, in a timely manner.  So if he gets it done by the end of Feb...we could very well have the final hearing in March.  

My hope would be that it is completed before the end of March...which would be right at Spring Break for him and he could make a smooth transition.

I'm wondering if I should go ahead and contact someone at the school board relating to getting him re-registered again (he was ready in June prior to our temp custody hearing) and talk with them about the situation.  That way if the judge asks if we have a plan relating to his being ready for school...then we are ready.

Any advice would be greatly appreciated.

[mistoffolees]

I doubt if registering him would do any good and might hurt you (the other side could say you're making promises you can't be sure you can keep).

I would go ahead and contact the school to get the information on registration so you're prepared and ask them if there's anything in particular you need to know. I would also ask how quickly you can get him enrolled.

If the answer is 'a day or two' (which is what I would expect), then there's no advantage to doing it ahead of time. Just tell the judge you've got everything you need from the school to get him enrolled as soon as you need to.

You might also want to get a copy of his records from the current school, though.