What to do regarding judges orders regarding drug test

[Jillianinaz]

Were do We Go From HERE!!!!!!!!!!!

What is the name of your state? AZ
My husband just recently received a letter from a neighbor of his ex wifes stateing her and her live in boyfriend are useing meth and that his daughter is being neglected. On top of this we spoke with her ex roomate who stated she was as well. Her hot water was off for 2 months and my stepdaughter goes without clean clothes when ever she is with her mother. Not to mention that her mother had instructed her ex boyfriend to give our daughter more then prescribed seizure mediction, and at other times mother failed to give her the medication at all. So we filed for a motion for emergency temporary order for change of custody with the court. They scheduled a hearing where mother did not show. The judge granted my husband custody of his daughter but it stated that if mother choses for this order to be reconsidered that she needs to file a specific response to the pertition and request a hearing relative to her response. She shall not file such a petition unless she attaches to it results of a hair follicle drugg test taken within 30 days of the filing of her response which shows no use of illegal substances. We would like to find out how long would be a reasonable amount of time to wait before we can go and file for perminit custody of his daughter if she does not file a petition in response with the drug test attached.

 

[Ohiogal]

Your HUSBAND can file for permanent custody almost immediately. But it is best to wait to see if mom is going to respond within the thirty days and submit to a hair follicle test. Where is the child currently? Your husband does have her correct?

 

[Jillianinaz]

Regading last comment

The judge did not give her a specific time frame to file a petition. He stated that if she chooses to file a petition she must attach a drug test that is clean to the petition. Should I give her thirty days to respond, because my opinion is if she doesnt respond within 30days that just says you don't care and are obviously useing correct??? Yes my husband has her with us right now we have had her since June 20, and mother has not even tried to contact her to see how her daughter is doing. The custody arrangment before we went to file for temp orders was joint custody one week on one week off. Knowing the judge gave him custody and stated he can allow mother to visit when he feels it is in the childs best interest. Does this mean he has sole custody or physical custody?????

 

[LdiJ]

The judge did not give her a specific time frame to file a petition. He stated that if she chooses to file a petition she must attach a drug test that is clean to the petition. Should I give her thirty days to respond, because my opinion is if she doesnt respond within 30days that just says you don't care and are obviously useing correct??? Yes my husband has her with us right now we have had her since June 20, and mother has not even tried to contact her to see how her daughter is doing. The custody arrangment before we went to file for temp orders was joint custody one week on one week off. Knowing the judge gave him custody and stated he can allow mother to visit when he feels it is in the childs best interest. Does this mean he has sole custody or physical custody?????

Ok...what that means is that right now he is in total control. The judge gave him temporary custody and total control over mom's visitation.

He doesn't need to petition for permanent custody...he can, but until mom petitions for something different he is in total control...and that's a VERY good position for him right now.

 

[Jillianinaz]

regarding last comment

I totally understand that my husband is in control right now. We know that a hair follical test will show if she has used any illegal drugs for the past 120 days. If she decides to clean up her act and file say in 3 months will she be likely to get the child back? If this were to be the case I don't think that would be fair to disrupt the childs life by throwing her back and fouth again. Do you think that if we were to file something like say in 60 days that is if she doesnt that he would order permanent sole custody????

 

[LdiJ]

I totally understand that my husband is in control right now. We know that a hair follical test will show if she has used any illegal drugs for the past 120 days. If she decides to clean up her act and file say in 3 months will she be likely to get the child back? If this were to be the case I don't think that would be fair to disrupt the childs life by throwing her back and fouth again. Do you think that if we were to file something like say in 60 days that is if she doesnt that he would order permanent sole custody????

When it comes to custody, nothing is ever truly permanent.