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Mother does drugs and signs over 75% custody to father and…

mother does drugs and signs...
mother does drugs and signs over 75% custody to father and they cannot agree on a parenting plan. Father has agrred to summer 92 days once Mother is clean. SHe failed a court order drug test.
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Answered in 1 minute by:
3/13/2012
Lawyer Lori
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2,161
Experience: Divorce, custody and child support attorney.
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Lawyer Lori :

Good afternoon Matt. Thank you for trusting Just Answer with your issue.

Lawyer Lori :

I would like to clarify what your current situation is, so bear with me for a minute.

Lawyer Lori :

Can you confirm that this is the current custody order? Father has the child 75% of the time, with the mother having 25% of the time, so the child essentially lives with the father with the mother having visitation? However, since the mother is doing drugs the father is refusing to permit her to have visitation until she takes drug test and she refuses.

Lawyer Lori :

Does the father have sole parental responsibility (decision making) or is it shared?

Lawyer Lori :

Sorry, I'm calling you Matt - because it looked like that was your name, but it was the weird way your question cut off on me. Sorry about that.

Lawyer Lori :

As I understand it, the mother was ordered to have a drug test and failed that. If that is the case, then you have every right (and responsibility to your child's safety) to make the court aware of that fact. In addition, you also have the right and the court will hear you express your concerns about unsupervised visitation until mother can prove that she is clean by having the court order drug testing until she is clean. Also, if her current boyfriend has a record or you have concerns about his drug use, that is something else to consider.

Lawyer Lori :

If you do not have an attorney, you need to gather everything you have as to her drug use and have it at mediation. Once she sees that you have evidence and that all you are seeking is for her to have drug tests and be clean prior to agreeing to unsupervised visitation, she may agree to supervised visitation.

JACUSTOMER-b995kn3e- :

Joint Stipulation for timesharing Equitable Distribution That is written on the top of the order. First, the Judge Jordan stripped the mother of all until she enter rehab and tested negative for 6 months giving her only supervised visitation at the DHS office 6 hours on Saturdays. The Father came in and made this offer right out of court same day she signed. However, they cannot seem to agree on the parenting plan so the Father is moving to trial. He does not want the children leaving the state of florida to georgia and the mother wants them to spend the 92 days there. The Father really wants his divorce too.

Lawyer Lori :

Okay, sounds like the court is right on top of this issue. What information can I provide you with today?

JACUSTOMER-b995kn3e- :

The Father is designated as Primary Custadial Parent in the Order.

JACUSTOMER-b995kn3e- :

They cannot seem to agree on a parenting plan what other actions can be taken at this time on the Father's part to speed this up. He has aked today to move to Trial. He was told that could take up to 6-9 months. The Mother has done nothing to get into rehab or further drug testing. Can he move to suspend her 25% until futher rehab and drug testing has come through. Or do we just sit and wait for the next 6-9 months until trial.

Lawyer Lori :

Clarify for me, please. Is the mother only seeing the children every Saturday at DHS, or did they enter the 25% agreement with the court and she has them for that time? Or is the DHS order in place, but the father is being kind and letting her see the children? The answer to this is important.

JACUSTOMER-b995kn3e- :

We ahd a court reporter in the room that day in 1/23/12 and recorded all the findings even her drug test results her reactions and the Judge's reuest for rehab and supervised visitations. Mother has not exercised any visitations since the hearing.

JACUSTOMER-b995kn3e- :

After the Judge mad his ruling the Father and Mother came to the 75/25 % agreement giving the Mother 92 days it does not state the days or if she can leave town.

JACUSTOMER-b995kn3e- :

The Father gave this to the Mother to give her some hope that she would lean her self up and be more responsible. As of this writing that hs not happened. Does he need to go back to court and get another order to force her into rehab and further drug testing?

Lawyer Lori :

But, my question, was the agreement in court and on the record or did the agreement just happen outside the courtroom and it is not recorded anywhere?

JACUSTOMER-b995kn3e- :

It was signed outside of the courtroom and later recorded it is recorded and signed by the Judge.

JACUSTOMER-b995kn3e- :

Would you like me to send you a copy of the agreed order that the judge has signed off on and has agreed too.

Lawyer Lori :

Okay, that's what I need to know. If it was signed by the judge it takes over for the Judge's prior ruling. The father may file a motion to modify the custody/visitation order and to seek the supervised visits and have drug rehab and testing re-instated. And, I really hate to say this, but the father should not agree to anything outside of the courtroom, she doesn't need any more understanding, she needs "tough love". Since the mother has not exercised any visitation in 2 1/2 months, the father can either file to modify or wait until the trial. If the mother tries for visitation and he refuses, she has the right to file a contempt motion against him; however, based on the facts that you presented to me, I would guess that she would not be successful and then he would have the opportunity to go ahead and, at that time, seek to have the supervised visitation, etc. put in place.

JACUSTOMER-b995kn3e- :

Thank you very much you have been very helpful in this matter I will tell the Lawyer handling the cse we should move to have the order modified to protect the kids and David.

JACUSTOMER-b995kn3e- :

Let see what the Lawyer says. Thank you again for your time and insight:)

Lawyer Lori :

Just make sure that the court doesn't try to move a potential trial date back in order to give the mother 6 months. Different judges/courts will do that. Be careful. Ask the attorney as to what his opinion is of the judge assigned this case.

Lawyer Lori
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2,161
Experience: Divorce, custody and child support attorney.
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