Question about custody cases and what can I do?

Question

In a child custody case and a divorce, if one of the people suspect the other is doing some kind of drug (ie weed) can they order a drug test? What can the person do? Simply being, I am going through a divorce right now with my wife, and we have a 3 year old son, I suspect in good authority she is doing this drug, what can I do?

Answer 1

If you suspect that your son is in danger because of this behavior it is your responsability to look after his best interests.  You need to put him first and do what ever you feel needs to be done to accompish this.

Talk to your attorney immediately.

Answer 2

there's nothing u can do. my husband and i KNOW his ex smokes weed, snorts powder, sleeps around on her husband, and drinks all the time. when we went for legal advice we were told that it's nearly impossible to take custody away from a mother. if she is able to take care of and provide for the child, then that's enough for the courts to let the child stay with the mother.  

Answer 3

I would tell the attorney what is going on.  If you still lose custody, then you can call OCS (Child Protective Services in most states) in for a home evaluation to be sure that your child is properly being taken care of.  

Now, if YOU have been participating in drugging prior to the split, OCS will either take the children and place them in foster homes, or force both you and your wife to go to drug abuse classes, and usually parenting classes, either before you get the children back or during the time you have them.  That is what happens in my state, but all of that  depends on the judge you get and the laws in your state.  It can take months up to years to prove that you are fit.

Proving that you were not participating is difficult, because you were in the house and allowed the children to be there in the midst of the situation when you were together.  That would show a lack of caring properly for your children.  Be very careful.  It is difficult to skirt around the law.  You may cause yourself more time, and money than you expect.  If the children are not be neglected, try to work it out with your ex.  Explain to her that if you find out she is doing it again, you will report her.  Those class would be mandatory and expensive.  You would probably also have to lose work to take them.

Answer 4

First you have to prove drug use.  I would call social services and get a lawyer to see if you can get a judge to order a drug test.

Answer 5

If you believe that her drug use is affecting how she parents, or is illegal, contact Child Protective Services and lodge a complaint. They can order her to attend drug testing, and if she fails you can proceed from there. But be prepared, you may be required to be tested too, to screen you for any problems there.