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LegalEagle1, Criminal Lawyer
Category: Criminal Law
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Experience:  Practicing attorney licensed for over 23 years.
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The court has ordered my ex-boyfriend to take a drug test as

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The court has ordered my ex-boyfriend to take a drug test as well as a mental health test a year ago. I never heard anything from it and found out they were never done. Just this past weekend my ex made up an excuse that someone had put a pipe bomb under his taxi (his only transportation) and that it had gone off, that way he wouldnt have to bring our daughter (6 yrs old) back to our house. He told me it was the mob's doing and that he wasnt going to report it. Im worried now because he drives our daughter around in the taxi when he has her every other weekends.

Then today he mentions that it was all a big joke and I should stop being weird and have a sense of humor. This to me is not funny since just by saying that he doesn't seem to care about the life of our daughter. He also kept it to himself for over 24 hours. You shouldnt say something like that to a mother especially with all the bombings that are going around.

He has a history of using marijuana and cocaine. He has anger issues and a Domestic Violence on his back ground. He has been hanging around people who are known for heavy drug use. Also according to my daughter he hangs out in his room (he lives with mom and he's 31 yrs old) he has his friends over and they sit there while she is upstairs watching TV. He rarely spends time with her when he has her.

This "joke" has got me concerned that he isnt thinking clearly and something else might be blocking his judgment. Can I refuse him to visit his daughter until he gets drug tested? or would I have to go back to the judge and show him this previous order to enforce the drug test?
Hello and welcome to JustAnswer. I would like to assist you with your question today.

You cannot on your own modify the order without running the risk of being found in contempt. What I suggest you do is you file a motion for an emergency hearing to modify the visitation due to his bizarre behavior. Also you can file a motion to have him held in contempt for not undergoing the mental health and drug testing. You can ask the court to suspend or modify his visitation rights until he complies with the court's prior order.

If you do believe that he poses an immediate risk of harm to your child, you may want to consider contacting children services and reporting his actions, they may investigate and try to put a safety plan in place if they determine there is merit to your concerns.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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