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Can I request this?

Started by BeachBum22, Jan 05, 2007, 12:32:01 PM

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BeachBum22

I live in MA, my ex and my child live in NH.


A year ago my ex made allegations, against me, of substance abuse. Because of my prescription I failed a drug screen and I've been ordered to undergo a substance abuse evaluation.

I am not a "junkie" and my prescription did not (and does not) interfere with my abilities.

I managed to complete half of my evaluation before my evaluator informed me he was too busy to schedule any more appointments for me and that my evaluation would not be ready for trial. I didn't have the money to start over with a new evaluator.  

Trial came and went. I still need to complete an evaluation and cannot have unsupervised visits until I do so.

Recently I lost my health insurance (and my prescription) so I enrolled in a program that will help me manage my pain, as well as my medication. With this program my pain management and medication are evaluated on a weekly basis and I am also subjected to monthly drug screens.  

In other words, being on this program does not allow me to be a "junkie" or a danger to my child. As I said before, I am closely and constantly evaluated all the time to make sure my pain and medication does not interfere with my abilities.

I would like to ask the court to accept my participation in this program in place of the evaluation or atleast to consider unsupervised visitation while I continue with the program.

Questions:

1. Is the above request feasible and, if it is, how do I go about asking the court for this request?

2. If the above is not allowable, do you think my participation in this program will hurt my court case in anyway?

Thank you

socrateaser

>Questions:
>
>1. Is the above request feasible and, if it is, how do I go
>about asking the court for this request?

I think you're wasting your time, but you could file a motion to order unsupervised visitation on grounds that you are in substantial compliance and no risk to the child.
>
>2. If the above is not allowable, do you think my
>participation in this program will hurt my court case in
>anyway?

Don't think so.