How can i handle my ex refusing to take drug test. Do I have recourse?

Business 10 views 3 answers
When divorcing,(1 1/2 years ago) my ex was positive for meth,had to undergo outpatient rehab,and after 4 months of supervised visitation was granted standard possession.In divorce decree,i am able to request drug test up to 3 times a year giving him 24 hour notice. i have not asked for drug test this year, but a few days ago,let him know that i would meet him in 24 hours at the facility.He responded that he could not get off work. Hour later he said he would be there..and 9 hours later said no way, he could not get off. I contacted my lawyer and he said"what is your reason for testing him..and what is it if it takes him a week?".I feel as if my lawyer is not helping me bc my ex is going to continue to refuse.My daughter is 5 and has behaviors when returns from possession times.I am worried

Attorney Answers

3
Penny Wymyczakwhite ·
You need to follow the language in your divorce decree when you request the drug test. Does instanter, instanter or give him a week, If he refuses to take a drug test file a Motion o Enforce or a Motion to modify.
0 upvotes
Thomas Baker ·
If you are unhappy with that attorney you need to find a family law attorney with whom you are comfortable. You may need to file a modification and enforcement of your court orders. You should get a hair follicle test for drug concerns.
0 upvotes
Charles Guidry ·
Review your court order for drug testing; it is probably in the same section of the supervised visitation. If so, file for an enforcement. If you do not have a provision for conditions for scheduling drug testing, then file a motion for modification to have that provision placed into the decree. An attorney of your choice can assist you with that.
0 upvotes

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