QUESTION

my ex showed up at court high, lost visitations but now is taking me back to get them back. this all happened 3 weeks ago. says he did detox

Asked on Aug 30th, 2012 on Family Law - New Jersey
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
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He can't just say he did detox - he has to prove it.  If he went through some kind of program, then he needs to bring documentation.  Also, if he lost visitation, the court is not just going to give it back.  You should ask for no visitation, but if the court is going to give something, say that he needs to have supervised visitation until he can prove he's through detox, and to also have parenting classes so that he can learn how to be better to his kids.  Ask that your husband be tested, some courts will do the drug test right there in court with either the hair sample or cheek swab.  Make some kind of provision that he has to go for periodic tests, and if he fails a test, then no visitation even if its supervised, and all further visitation is suspended.  Good luck !
Answered on Aug 31st, 2012 at 8:17 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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