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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18360
Experience:  B.A.; M.B.A.; J.D.
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Me and my husband are in a divorce and he called CPS

Customer Question

Me and my husband are in a nasty divorce and he called CPS on me saying I was doing heroin so when I went in to CPS to take a drug test I showed up positive for opioids but I told them I was on oxycodone and she made me sign a letter stating I would only be with my kids if I was supervised. I signed all releases for the to talk to my Drs and I brought them all documents stating the Meds I was on. I also brought them previous blood work showing I don't do drugs and I also took a blood test the same day they did their test to prove I had nothing in my system except what was prescribed to me. Today I went with a letter from my dr. Stating that oxycodone shows up on urine tests as an opioid and she said she still has to talk to her supervisor before she gets rid of the supervised visits plus she said that she still believes I am doing something. I feel like I am being treated unjustly and I want to know who is the higher up then them. You don't even know the whole story this is just part of it. I want to know what my rights are and what I can do to put them in their place.
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
Me and my husband are in a nasty divorce and he called CPS on me saying I was doing heroin so when I went in to CPS to take a drug test I showed up positive for opioids but I told them I was on oxycodone and she made me sign a letter stating I would only be with my kids if I was supervised. I signed all releases for the to talk to my Drs and I brought them all documents stating the Meds I was on. I also brought them previous blood work showing I don't do drugs and I also took a blood test the same day they did their test to prove I had nothing in my system except what was prescribed to me. Today I went with a letter from my dr. Stating that oxycodone shows up on urine tests as an opioid and she said she still has to talk to her supervisor before she gets rid of the supervised visits plus she said that she still believes I am doing something. I feel like I am being treated unjustly and I want to know who is the higher up then them. You don't even know the whole story this is just part of it. I want to know what my rights are and what I can do to put them in their place.
Response: The higher up than CPS would be the Court. You need to ask the Court for unsupervised visitation because you are not on illegal drugs and you have doctor's letters to back up your claim. If there is an Order of Supervised Visitation, you need to file Motion to Modify the Order and give your reasons for your request just you did in your post here. Click on the link below for Court forms:
http://nycourts.gov/CourtHelp/DIY/index.shtml

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