I am helping my son on a custody case of my grandson. My son's ex girlfriend asked for a hair follicle drug testing based on rumors she had heard. One of the points she made was he had a drug related tattoo on his arm. This was from his younger years. We are trying to file a motion to drop that type of test and go for a less expensive one or ask for it to be dropped based on what she has heard are nothing but rumors. my son hasn't been in any trouble since 2007. I need the verbage of what should be in this type of motion.
State/Country relating to question: New Hampshire
we did have a lawyer but after putting out $5000.00 and not even getting visitations, we fired him. now we are trying to do this ourselves.
Would you consider asking the court to hold her responsible for the cost of the test? In other words, if the court were to grant her motion, would he be willing to take it if she had to pay for it?
The judge has already pulled my son's 2 hr visit every Sat, until he has the hair follicle test. We were just going to ask for either a urinalysis or blood test due to my son is still not working. It was brought up to him today that if this was all based on what she heard, to ask for it to be dropped and include a copy of my son's police record dating back to 2007. Also to state that since his son was born, Oct 2010, his police record was way before he was born. And for that matter, even way before he and his girlfriend were involved.
I understand, I only ask because if cost is a problem then the court can always order her to pay for it (since she asked for it). If he would refuse to take the test at all (even if she were ordered to pay), then that could potentially raise a red flag with the court and cause more problems for him in the long-term. I believe that preparing the verbiage for your motion would be contrary to what we are allowed to do on this site, because we cannot engage in any type of representation, prepare documents, or give advice, but I will opt out and allow another expert an opportunity to consider the matter.
I see that the previous expert has opted out. Are you still seeking assistance in this matter? Thank you.
Yes please. Can you see my info I gave her?
Yes please. Can you view the prior replies I've given?
I need something clarified....has the judge already signed an order requiring the hair follicle test? Thank you.
He was given verbal at the last hearing. We haven't gotten any signed order yet.
Candidly, as the judge has already made a ruling, the odds of changing that ruling are not good. The law likes finality and, as such, now that the judge has ruled, it is quite improbable to have that ruling changed. If your son objected to the test or the cost of the test, he needed to have raised those objections at the previous hearing.
Additionally, judges typically order a hair follicle test for a reason, that being that they want the test to go back in time to a greater extent than a blood or urine test, either of which will typically be clean in no more than thirty days.
While I would strongly discourage your son from proceeding in this fashion, the decision is entirely his to make. If he wants to proceed, he could file a motion for rehearing outlining his concerns. He should not get too hung up on using any specific or fancy language, the only thing that is important is to make sure you put everyone on notice as to what you are seeking. To that end, he could do something along the lines of stating that an order was entered for hair follicle testing, this testing is expensive and, as he has limited funds, he is requesting a urine and/or blood test instead.
This can be a complicated issue, please let me know if anything requires clarification.
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I have over a decade of experience as a Family Law litigator
We are not very savvy in dealing with courts. There has been very little court involvement in our lives up til now. If he decides to try to get the testing changed, will that hurt him?
I doubt very seriously that it will "hurt" him, I just don't think it likely that he will be successful in this request.
OK, thanks. Is there anyplace you can direct me that might have "examples" of how to word one of these motions?
Your son's request is rather unusual. With that in mind, no, I'm not aware of any template document for such a situation. However, as I stated earlier, your son need not get too hung up on the language. It could be something as simple as:
- On June 1, 2012, this Honorable Court ordered the Father to submit to a hair follicle test.
- The Father has attempted to submit to the hair follicle testing. However, the cost is prohibitive as the Father is an unemployed single father with limited funds.
- The Father desires to abide by the Court's order but requests a less expensive test such as a blood test or hair follicle test.
Something as simple as that will inform everyone as to what it is that your son is wanting to accomplish.
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