completely lost

[kateuga78]

    My ex (we were never married) is about to serve me with papers wanting to change custody. He says he received a report from DFACS saying I failed a drug test. I did not fail anything. We live in Georgia and have joint legal custody and he has primary custody. I really do not have any extra money for a lawyer.

1. If I did not fail anything, can he have the custody agreement changed?
2. Can I ask him to repay any legal fees I incur because of this?
3. Can he withhold my time with my son until we go to court?

[mistoffolees]

Soc can give you a legal opinion, but my non-legal opinion is that it sounds like blackmail. My stbx has tried some of the same things - making up some bogus claim and then threatening to tell someone if I don't give her what she wants. If there's no truth to his claim, then you probably have nothing to worry about.

Take whatever legal advice Soc gives you and then try not to worry about it.

[socrateaser]

>1. If I did not fail anything, can he have the custody
>agreement changed?

If this is his entire case, then no, because he needs to show a substantial change in circumstances affecting the child's best interests, and the facts you post do not rise to that level.

>2. Can I ask him to repay any legal fees I incur because of
>this?

Yes, for filing a frivolous legal action.

>3. Can he withhold my time with my son until we go to court?

Not without a temporary court order.

[kateuga78]

What do I do if he refuses to give me my time with my son?

[socrateaser]

>What do I do if he refuses to give me my time with my son?

First file a motion to clarify and ask the court to explain your respective rights and obligations, so that there will be no mistakes. Then, if you're refused parenting time, file for contempt and ask for makeup time plus an order of community service against the other parent.