My daughter and her husband split due to infidelity on her part. They have joint custody. He has since taken their 2 year old baby out of the state without her permission and left the baby with his sister and mother and returned to work in VA (Marine Corp.) They have a temporary custody hearing and we have heard from a detective that he has accused her of drug use and neglect. She has had some drug problems in the past but swears she is clean now. Can they require a drug test at the hearing. Also her husbands sister may petition for custody. Can I or her mother petition for custody and if so would we be required to submit a drug test at the hearing. Should I get a preemptive test for us and my daughter. I have no criminal record of any kind. Any advice would be appreciated.
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Husband took baby out of state
- Thread Starter Alexnk01
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Proserpina
Moderator
Was her permission actually required?
Yes, she can be ordered to submit to a drug test, specially given her background. Yes, any and all petitioners can be ordered to submit to a drug test.
One must wonder though, why would a preemptive test be necessary?
Yes, she can be ordered to submit to a drug test, specially given her background. Yes, any and all petitioners can be ordered to submit to a drug test.
One must wonder though, why would a preemptive test be necessary?
Husband left their apartment for several days leaving her with the baby. He returned to "get a few belongings" then while my daughter was in the bathroom he left with the baby without saying a word. We have had no idea where our grandchild is for over a month only that she is somewhere in North Carolina. The local Police say the have no juristriction and the military officials we have contacted are content to let it go to court. Does this seem legal?
The drug test question was , since its is a temporary custody hearing and we have not been asked to submit a drug test are we required to bring one or will the court administer a test and have another hearing. We have given our daughter an over the counter test which she passed. We have a permenant custody hearing set for September.
The drug test question was , since its is a temporary custody hearing and we have not been asked to submit a drug test are we required to bring one or will the court administer a test and have another hearing. We have given our daughter an over the counter test which she passed. We have a permenant custody hearing set for September.
Proserpina
Moderator
Okay, so the child is safe and sound with the other parent.
We need to know what exactly the temporary orders say though in terms of taking the child out of state.
With regards to the drug testing, it's highly unlikely that Mom will be required to take an "on the spot" test (but if she does, she better hope she passes) although I have heard of it happening in some areas when the other parent convinces the judge that there is a pressing - immediate, in other words - need before the child should be released to other party.
Any drug test you take in yourselves won't be admissible due to a lack of chain of custody (for one thing).
If however she's been in rehab or is testing weekly or daily as part of any other court action, she can request that this evidence be admitted as proof of her sobriety.
Gotta tell you though, if she wants to be the custodial parent she's going to need to be clean for a heck of a lot longer than a few weeks or months - she'll need to be clean long term.
Dad does stand, at least going by what you've said here, a good chance of remaining the custodial parent even though he may have stepped outside of the temporary orders.
We need to know what exactly the temporary orders say though in terms of taking the child out of state.
With regards to the drug testing, it's highly unlikely that Mom will be required to take an "on the spot" test (but if she does, she better hope she passes) although I have heard of it happening in some areas when the other parent convinces the judge that there is a pressing - immediate, in other words - need before the child should be released to other party.
Any drug test you take in yourselves won't be admissible due to a lack of chain of custody (for one thing).
If however she's been in rehab or is testing weekly or daily as part of any other court action, she can request that this evidence be admitted as proof of her sobriety.
Gotta tell you though, if she wants to be the custodial parent she's going to need to be clean for a heck of a lot longer than a few weeks or months - she'll need to be clean long term.
Dad does stand, at least going by what you've said here, a good chance of remaining the custodial parent even though he may have stepped outside of the temporary orders.
The child is in N.C. allegedly with mother / sister of husband and husband has returned to VA to work. We have no knowledge of the babys condition or even for sure who she is with. There is currently no temporary order. Custody was assumed to be shared since they were married and living together. My daughters Marijuanna use was from before the baby was born. She told me she relapsed and smoked some marijuanna 9 months ago but has been clean since. Do you really think that he could be granted sole custody based on some teen age marijuanna use from years past. She is currently 19 years old. He was 20 and she was 16 when she got pregnant. Would this have any bearing?
Proserpina
Moderator
Pot use generally isn't a big deal, no, unless there are recent convictions and/or issues with neglect or abuse.
Dad has been gone over a month, correct?
Dad has been gone over a month, correct?
No convictions. Father left over a month ago now. They appearently are also alleging medical neglect and that the baby has developmental issues. We have records of proper pediatric care and no developmental issues were ever brought to our attention and even at two years old the baby is obviously very smart and does everything that a two year old should so I cant imagine this would be an issue for us.
MorgansDaddy
New Member
Frankly, your daughter should seek help from an attorney. I know I'm not really offering much help or advice, but it seems like the best idea.
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