Q: Hi I have a family law question.
My question is regarding custody. In court I was given 72 hours a week with my daughter. I agreed to do drug tests for one year whenever the other party requested. That time frame of 1 year has passed now by 2 years. I have been sober from any and all illegal drugs since February 11, 2013. Now today out of nowhere the other party has told me because he has full physical custody he can take my rights to the 72 hours/week whenever he wants. He said if I do not do a hair follicle drug test i will not be given any kind of time with her whatsoever. The lawyer I had represent me for this told him back then at court that I will not do one of those tests. He then expressed to me that I never to do one of them for him. ever! Can this happen? This issue has stemmed from an argument I had with the other parties now fiance, fyi
A: The court order will control whether he can take away time. Read it carefully. However, since that one year time period has elapsed, it sounds doubtful that he can threaten to pull that 72 hours per week, but carefully reviewing the order is critical. Changing custody orders is a difficult task especially if a parent stipulates to the orders, but you may need to explore whether filing a request for order to change custody is an option. If he takes away the time, you may want to seek the assistance of law enforcement to enforce the order. Make sure you have a copy of it. If he prevents you from seeing your child, you may need to file to get into court.
A: I hear no legal basis in your question for the other party to make such demands/ threats. Is there a court order giving him such rights? If not, then if he takes any actions to deprive you of custody/ visitation that were court ordered, you can file a motion for contempt in court against him. You may also want to file a motion for modification of visitation rights if your situation has substantially improved. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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