Question about Court Procedures?

[ray123]

What is the name of your state? Mississippi

On May 14, 2007 my ex-husband and I went to Court on certain issues regarding my son. We had reached an agreement and our lawyers went before the Judge. My lawyer went on Court record stating that my ex was to take 12 drug test for a year and if all 12 drug test came back negative, overnight visits with my son would resume. My lawyer and I got together to draw up the specifics of the Interim Child Custody Agreement regarding visiting times, where my ex was to take the drug test etc. It took a month for my ex-husband and his lawyer to agree to all the specifics of the Interim Agreement. On May 30, 2007 my ex husband went and took a drug test before we signed the agreement. My ex and his lawyer finally signed the Judgement on June 21, 2007. The agreement states exactly that during the next year my husband will take a random 10 panel urine drug test every month. The questions I have are these: Does the non random 5 panel drug test that my husband took on
May 30, 2007 before we signed the agreement on June 21, 2007 count? Or does he have to take a random 10 panel drug test for this Month as the Agreement states. He started taking the random 10 panel test in
June 2007. Also when would overnight visits resume May 14, 2008 or June 21, 2008. Thanks and Happy Mothers day.

 

[Ohiogal]

Why are you fighting over a month if all the others came back negative? I assume the first one came back negative as well? It seems somewhat petty if he had 12 NEGATIVE tests in a row. I would say that if you actually want to be cooperative and show that you are facilitating the relationship and doing for your son, that overnights start May 14. Prove that the May 2007 test was NOT a random test.

 

[ray123]

My ex and I are not fighting over this final drug test, It was a question that I was curious about in regarding going to Court and Signing an agreement at a different time. I was not sure about how the whole process worked. I thought if my ex and I did not follow that Court Agreement word for word that either one of us could be in contempt. OG the first test was negative but his last test was positive and I thought maybe the 10 Panel drug test he would take in May would be positive also. I can prove that the test in May was not a random test but as you stated it will be pretty petty. Thanks for your excellent advice OG, I appreciate it and Happy Mothers Day.

 

[LdiJ]

My ex and I are not fighting over this final drug test, It was a question that I was curious about in regarding going to Court and Signing an agreement at a different time. I was not sure about how the whole process worked. I thought if my ex and I did not follow that Court Agreement word for word that either one of us could be in contempt. OG the first test was negative but his last test was positive and I thought maybe the 10 Panel drug test he would take in May would be positive also. I can prove that the test in May was not a random test but as you stated it will be pretty petty. Thanks for your excellent advice OG, I appreciate it and Happy Mothers Day.

If his last test was positive, then you have solid reasons for testing to continue.

 

[ray123]

LdiJ, With the current information that I gave, Does my ex have to take a random drug test for the month of May? We went to court May 14, 2007 and we signed the agreement in June of 2007 stating that he would have to take 12 random 10 panel drug tests. The one in April 2008 came back positive so I was wondering since he took a non random, 5 panel drug test in May 2007 does he need to take a random test for May 2008? The random 10 panel drug test officially started on June 25, 2007.

 

[Ohiogal]

If the one in April 2008 came back positive it doesn't matter. You have a right to request that visitation continue at the current level without overnights.