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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Father has custody of 2 year old child. Mother filed emergency

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Father has custody of 2 year old child. Mother filed emergency custody motion stating lies. She voice recorded father while intoxicated saying that paternal grandmother has a blacklist of alcohols she can't drink, and based on this, she states on her motion that grandma is a 'violent alcoholic'. She also states on the motion she is so afraid but yet she asked him to spend the night and fed him alcohol to record him. She says we have bed bugs in home (not true) and that child is in unclean unsafe home. Child services performed home visit and found nothing wrong with home. Because of her motion, magistrate ordered grandma to not be unsupervised with child until further notice from court. Yet there is no allegations of harm to the child and she cannot prove anything she said on motion. In fact her lies can be disproved. Magistrate also ordered hair follicle drug tests for father and mother because mother requested this (again, there are no allegations of drug use on motion). Father afraid to take test because it is possible mother slipped something in his drink that night. This is a travesty of justice and we are at a loss as to what to do. I want to file a motion to set aside the order but may not have representation. Feeling very alone and scared, please help.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. Just to be clear, you are the father? In addition, when is the next hearing supposed to take place, to decide on the issue of custody, if she currently has the child?
Customer: replied 3 years ago.

I am the paternal grandmother. My son has custody of the child. They live with me. Mother originally filed a change of custody motion which the next hearing on that is Aug 4. In the meanwhile she filed this emergency custody motion where she blatantly lied as I explained in the question. That hearing was Monday, then child services promptly visited and found everything to be okay in this home. The next hearing on this is Aug 1. The hair follicle drug test is supposed to be completed by Friday July 5 but as I stated, there is serious concern over taking it because how in the world would we be able to prove that she put something in his drink if it comes back positive. I very much want to file the motion to set aside the order but I know it is very risky to do it without an attorney and I am aware the clerks won't give any advice so I would have to be fully prepared, such as I don't know if I need to get a transcript of Monday's hearing. I believe the objection is the right thing to do because her motion is frivolous and slanderous.

I know you stated above that it was ordered that you not be left unsupervised with the children but does it say and order who must be around or just another party has to be present?
Customer: replied 3 years ago.

Just any person

Thank you for the additional information. It may be best in a situation like this, to have the father file the motion to vacate or modify the order, to allow you to be present and unsupervised with the children. The father can lay out the facts to support his position and use the fact that CPS investigated and found no signs of abuse or wrong doing. It is odd that the order was even imposed with a hearing and allowing you and the father to dispute the allegations but you will have your chance Aug 1, if the motion to set aside/vacate/modify the order. Another thing to be aware of is that the father needs to comply with the court order for the drug test or else he could he found to be in contempt. If the mother acts this way now, I would think she would make an issue and bring it before the court, if he did not get drug tested. I certainly understand his concern that she may have drugged him but he needs to comply.

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