How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Family Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

I have primary custody. I have agreed to 3x per month etg testing.

Customer Question

I have primary custody. I have agreed to 3x per month etg testing. Current court order states "a missed test can be construed as a dirty test" Is a missed test better than a failed test? Curious
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer.
Basically this means that a "presumption" could be applied by the court if you miss a test. A missed test technically is better than a failed test, because of the "may be construed language". A failed test is 100% a failed test, whereas a missed test with a good explanation for missing it could be excused or at least allowed to take a test immediately.
Note that if there's no good explanation for the missed test, or if it reeks of guilt, then it's likely that the court would treat it as a failed test. In other words, you can't avoid having a failed test by not taking it at all.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?