QUESTION
What can I do if my daughter's father is a known drug addict and alcoholic?
Asked on Jan 31st, 2013 on Family Law - Washington
More details to this question:
He is trying to get visitation of our daughter he hasn’t seen her in 2 years nor has made any attempt to see her or help in any way with the care of her. While we were together he verbally and physically abused me and used crack cocaine and drank every day. He has passed numerous drug test by drinking lots of water and I told this to the judge and he still only ordered a urine test instead of a blood or hair test. how can I get him to change this order. I’m afraid of my daughter being alone with this man. Now I have a letter saying he passed the test and is no threat. But he has a very long criminal history also and I feel the judge is not hearing me. I asked for custody or supervised visitation ordered. I’m lost and scared for my child.
3 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
The court can only order a urine test. Maybe you have witnesses who will testify against him. You need to make sure the court knows about the criminal history. However, if he can test clean and the criminal charges are old or purely financial, the court will probably give him some visitation.
Answered on Feb 06th, 2013 at 2:43 AM
John Arthur Smitten
File a motion for supervised visitation, so the court will monitor his visitation. If all goes well then he can get unsupervised later.
Answered on Feb 06th, 2013 at 2:01 AM
Criminal Defense Attorney serving Vancouver, WA
at
Jeff Holmes, Attorney at Law
Update Your Profile
Generally speaking, the Court will consider a "diluted" test to be the same as a positive or missed UA. As such, if your daughter's father is attempting to beat UA's by consuming large amounts of water, it should come back as a dilute (and be treated as a positive test). You may want to address this with the Court to assure a "dilute" constitutes the same as a positive test and ask that visitation be suspended if a test does come back diluted.
Answered on Feb 06th, 2013 at 1:56 AM