Medford, OR asked in Criminal Law for Oregon

Q: My babys father is on bench probation and I believe he is doing illegal drugs what can I do,

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1 Lawyer Answer
Michael Romano
Michael Romano
  • Criminal Law Lawyer
  • Beaverton, OR
  • Licensed in Oregon

A: The first thing you can do is verify your suspicion. Ask him if he's using. Have him take a UA. The second thing you should determine is what drugs is he using. A third consideration is: Does his drug use present a safety issue for the child? If he is using, your first motivation-- since he's the father of your child and will always be-- should be to get him clean, rather than to use the evidence of his use to your gain. As you can imagine, some people do this in custody disputes. If he's using, if his use is a safety issue, and if he's refusing to get clean, you may need to report the matter to the court where he's on bench probation. Alternatively, if he has parenting time, you may need to file a motion to restrict his parenting time until such time as he's clean and/or the safety issue is addressed.

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