Modifiying Custody Order

[Mmaydawn]

What is the name of your state? Texas

I am in the process of modifying my custody order and would like some opinions of my chances. I do have an attorney. I currently have joint managing conservatorship with me having physical custody. In my order it has a geographical limitation that I am trying to get removed. I am also asking for Sole Custody. They ncp has a drug problem and a long criminal record. I filed for temp orders and at the hearing the judge ordered the ncp to take a hair and urine analysis. He also ordered the ncp's access to children be abated until the reset date, which is coming up. The hearing was reset due to the ncp asking for postponment due to needing time to obtain an attorney. What do you think will happen if the ncp shows up to this hearing without have taken the drug test and without hiring an attorney? I believe this is the case because he does not have a job (hasn't paid support in 6months). Also, my attorney hasn't received the results of the drug test. Also, since I filed the papers the ncp has been arrested twice and has to criminal cases pending.

 

[TracyMT]

If he doesn't take the drug test, he's in contempt of a court order. Can your attorney contact anyone to find out if it's been done? I'd say your chances are pretty good, though.

 

[Mmaydawn]

I asked him and he said he has no way to find out if he actually took it unless he had gone with him. I don't believe they would give out that information over the phone. He said they would send him a copy when the got the results.

 

[TracyMT]

You'll probably just have to wait until your court date then - if he isn't in jail, maybe he'll appear. The judge will hold him in contempt, though, if he hasn't done the ordered drug testing.

 

[snostar]

Just FYI, hair testing results could take 5 days to three months to come back. It depends on what drugs they are test for, and the quality of the lab. Average would be at least two weeks though. And, I'm sure the judge will be more than a little peeved if he hasn't complied with his/her order.

 

[Mmaydawn]

I wasn't sure on that one. I didn't know how long the hair test results took. Thanks for the info. Well I just want to thank all for the input. I go to court tomorrow and I will let everyone know how it goes. Thanks.

 

[no$$4us]

child custody

You will find that in nearly all cases including the fact that the other parent has a drug problem and or legal problems that they will always be given a chance to visit and see their kids unless the kids are old enough to decide for themselves.
My ex had not seen the kids in nearly 8 years. He had 2 warrants for his arrest for abuse and still was able to get visitation.
My ex is $43,000 in arrears and owes all the unpaid medical for the past 10 years.
These factors do not matter. He still has the right to see his kids. The judge did say that the kids would not be forced to see him --saying that at their age they would be given some leniecy to decide for themselves whether they wanted to visit or not with their father.
Moral decency and how the kids are raised is alway a second factor. The fact that we are applauded for ending an abusive relationship or getting rid of someone due their illegal activities, does not stop the court from insisting that the parent still has rights to see their kids is amazing.

 

[snostar]

I hope your attorney approved of the lab doing the testing, make sure it is a nationally credited labratory and a forensic quality test.

 

[Mmaydawn]

I believe it is the same labratory that the use in all there cases. The judge is the one that told the ncp which lab. to go to. The ex wasn't abusive towards me and I dont plan on withholding visitation. As of right now his visitatioin is abated per the judges order. The reason for that is he told the judge that he uses illegal drugs.