Jillianinaz
Junior Member
What is the name of your state? ArizonaI will explain the chain of events that have occurred up to this point. If anyone can give there input as to what could possibly occur at the status conference that is scheduled for November I would greatly appreciate it.
In May of 2006 the judge ordered joint physical and legal custody between my husband and his ex-wife. One week with Mom and one week with Dad. No child support ordered.
Since this order mother has continuously messed up in so many ways.
In June 0f 2007, my husband received a letter from his ex-wife’s neighbor stating she and her live in boyfriend were using crystal meth and neglecting the child.
My husband then filed on behalf of his daughter an OP. This allowed father to remove his child from his ex-wifes home. Mother could only communicate via electronic devices with there child whom is 12.
Mother requested a court hearing to quash the OP. After Mother filed this request my husband filed a Motion for Temporary Modification of Custody. He also filed a Petition to modify custody on a permanent basis.
The OP hearing occurred and the judge removed the child from the OP but put Father on the OP. This was fine as the next day was the hearing on the Motion for Temporary Orders and it was my husband’s week to have his daughter.
Mother did not show up for the hearing for the Motion for Temp Orders. At this time my husband informed the judge that mother had not contacted the child since June 20, 2007 and this was July 11, 2007. Judge was not happy with this. My husband also informed the judge that Mother had lost her job, had no running hot water, was going to churches asking for money, Lost her vehicle and was not providing his daughter with proper fitting/clean clothes and personal hygiene items that a 12 year old girl would need. Mother did not give there daughter her seizure medication as was court ordered and on a occasion had given daughter more then prescribed. My husband at that time requested a Hair Follicle Drug test be ordered.
The judge ordered Mother to submit to a hair follicle drug test. He awarded my husband custody of his child with leaving it up to him when mother should be able to visit with there child at such time and under such circumstances he believes is in the child’s best interest. The judge stated Mother could have the courts reconsider the ruling if she provided a clean Hair Follicle drug test along with a response to fathers Petition.
On September 12, 07, my husband filed with the court a Notice of Lodging Proposed Order Changing Child Custody, Parenting Time and Support; Child Support Orders and Parenting Plan. ((Basically my husband is asking the judge at this point to make the Temporary Orders Permanent. Some of the reasons are as follows, Mother has still since June 20, not contacted there child in anyway. She was even evicted from her residence and has not informed the court or father of her current address or phone number. She has not at this time even submitted to a Hair Follicle drug test and has had over 4 months to do so, and so on. )))
The judge ordered a status conference for early November. At such time he has stated that if Mother does not show the orders will be entered. If she does show, the court will consider any objection she may have.
Mother was told she would have to provide a hair follicle drug test before the courts would consider any changes to his ruling on Temporary Orders. If she has still not taken a drug test and shows up at court with some lame excuse why she has not done so. WHAT WILL THE JUDGE DO?
Father and my concern is that his daughter was doing so bad in school (she got 9 F’s last year) when the custody was week on week off. Since father was granting Custody back in July his daughter has above a C in every subject, and she has not missed any school and is doing great.
WILL THE JUDGE LIKELY GO BACK TO THE WEEK ON WEEK OFF SCHEDULE IF SHE PROVIDES A CLEAN HAIR FOLLICLE DRUG TEST AT THE STATUS CONFERENCE COMING UP?
I mean she has not contacted her daughter in any way shape or form since June 20, and is aloud to do so. WHAT WILL HAPPEN IF SHE SHOWS UP TO COURT WITH AN ATTORNEY WILL HE OR SHE BE ABLE TO PURSUADE THE JUDGE NOT TO ORDER MOTHER TO A HAIR FOLLICLE TEST AND LET HER TAKE A UA AT THIS POINT?
I want to express we do not want to Keep Mother from the child but want to make sure she has cleaned up her act and is staying clean. We asked for Sole custody but are willing to go with Joint custody with my husband making all legal decisions for there daughter. We are willing to give mother every other weekend and one overnight visit on the opposite week. Is this something the judge would order? We do not think going back to the week on week off is in the child’s best interest as mother does not assist the child with any school work and failed last year due to mother’s lack of parenting.
Sorry it was so long but if anyone has any suggestions on what may occur or any suggestions on what to bring or say at court please let me know. Thanks so much for your time.
