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ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16850
Experience:  Licensed Texas General Practice Attorney
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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: 2 years ago.
Category: Family Law
Expert:  ScottyMacEsq replied 2 years 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 2 years ago.
Did you have any other questions before you rate this answer?