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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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Initially there was joint-custody.. Court ordered hair

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Initially there was joint-custody.. Court ordered hair follicle testing which came back positive. I am flabbergasted!!!I am ordered only supervised visits with child due to drug test results by district judge. I, in disbelief later find out that the drug test handler/collection of samples, lady has been changing/altering drug test results for friends in order for them to obtain employment. I have motioned to the court that said test results be omitted as evidence, due to obvious time discrepancies(a positive-hair follicle result in less than 24 hrs.)which is impossible, chain of custody violations, and am now awaiting a hearing. Concurrently, I can only see my son supervised, even though the court is aware that the prior drug testing was done improperly and not in accordance with state law. Do I have to wait for 4 more months for the hearing?? Can I petition/motion for immediate unsupervised visitation?? Isn't the burden of proof on my ex wife to prove alleged drug use/abuse?? I miss my son badly
Thank you for your question.

I am sorry that you are in this situation. Please permit me to answer your questions in reverse as it will be easier to explain the situation.

Isn't the burden of proof on my ex wife to prove alleged drug use/abuse??
No, once a court order is placed on file, it is up to the party appealing to provide the burden of proof. Since the courts found that the initial test was positive and modified custody, that is the current law, and it is up to your to provide proof that the result was based on faulty data and obvious discrepancies.

Can I petition/motion for immediate unsupervised visitation??
You can, but it will be denied. Until the initial order is removed or otherwise modified by the courts, your request to see the child will be dismissed.

Do I have to wait for 4 more months for the hearing??
That is based on how over-worked the court system is. If your hearing is scheduled to 4 months from now, then the answer is regrettably yes. I do understand that you miss your son and I do completely sympathize. Barring a situation where the other parent is found and deemed unfit herself, you will end up having to wait until the judge is able to hear you.

Good luck.
Dimitry K., Esq. and other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Relist: Inaccurate answer.
I see that you relisted my answer as "innacurate". What do you feel was incorrect about my response?
Customer: replied 6 years ago.
I think that i can file a motion for temporary order and other relief.. By the way, the drug testing facility subsequently has been indited for fraud!!
Thank you for your follow-up.

Those facts do not change my response. As I stated, you CAN file for temporary relief BUT until the courts pursue a full review of the facts, the petition will be denied (see my second response). As for the situation that the facility was indited for fraud, that does not mean that your results were proven to be faulty or improper--that has to be done also at the hearing when the judge can reverse the order if there is cause. Since you have the burden of proof, you can provide evidence that the facility provided faulty information and that your results are therefore void, but that cannot be done at the temporary order but at the full hearing.

Good luck.
Customer: replied 6 years ago.
Relist: Other.
offers nothing to help me with my current situation