QUESTION
If I fail a drug test, can they take my children?
Asked on Feb 12th, 2013 on Child Custody - Louisiana
More details to this question:
My ex has accused me of marijuana use around the children. While I do smoke, it has not ever been around my kids. What options do I have to protect myself and them? She has just filed in court and I have yet to be tested or spoken to but will fail.
8 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First of all, STOP USING. If not forever, then at least during the time that she can ask the Court to do an unannounced urinalysis. I'm not sure how long m/j stays in your system, but all of most of it should be gone in five days or a week. The mere occasional use of m/j under the circumstances you describe is not likely to lead to a dramatic change in the children's placement with you, if you start taking action to prevent the ex from having anything truthful to say which could hurt you.
Answered on Feb 15th, 2013 at 6:10 AM
Child Custody Attorney serving Oklahoma City, OK
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Carla L. Robey-Harcourt Attorney at Law
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You could lose access to your children until such time that you can pass a drug test and comply with the law. Children do not need to be around a drug culture.
Answered on Feb 14th, 2013 at 9:04 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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They can only do a urine test. Do not agree to a hair follicle. Do some cleansing NOW. If you fail they could give your ex the kids and order you to have supervised visitation.
Answered on Feb 13th, 2013 at 10:53 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Your options are to grow up and stop smoking marijuana. Yes, you may be a danger to your children because how does the court know for sure that you are not smoking around them? It doesnt. And where do you keep it? Can your kids reach it? The best thing for you to do is to get help and kick the habit before you find that you can only see your children in supervised visit 4 hours every two weeks.
Answered on Feb 13th, 2013 at 10:53 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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I suggest that you stop smoking. Drug use is a well-established reason for removing children from the home. What happens if you are high and a child becomes ill?
Answered on Feb 13th, 2013 at 10:51 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Is there an order regarding this subject? Are you prescribed the drug? It is an issue and it may get to be pot or the children. I would want to pass the test and not put custody of the kids at risk.
Answered on Feb 13th, 2013 at 10:51 AM
John Arthur Smitten
If she is raising it as an issue then you should stop. The court will restrict your visitation if you test positive. The court can and will force you to take a drug test.
Answered on Feb 13th, 2013 at 10:51 AM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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No. Just get clean, dont be under the influence while the children are around you, and you should be fine.
Answered on Feb 13th, 2013 at 10:50 AM