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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118198
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Cps, Did a hair and urine test that came back dirty for

Customer Question

JA: Family law varies by state. What state are you in?
Customer: Did a hair and urine test that came back dirty for meth. I have never touched meth and my hair test that I paid for before that came back clean. AZ
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: My sons father does NOT have proof of this dirty test and cps said they couldn't give it to the courts. So my custody should be the 50/50 correct?
Submitted: 10 months ago.
Category: Family Law
Customer: replied 10 months ago.
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Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If your hair test came back negative and proved the urine test was not accurate, then yes, your custody should be at least 50-50 if CPS told you they will not release the test to the court. Sometimes there are false positives and if you proved their test was a false positive, you should receive the shared custody.

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Customer: replied 10 months ago.
The hair test I paid for came back negative. The hair and urine test that cps had me do came back positive.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.

It sounds more like the CPS test was faulty. CPS is one of the most negligent and incompetent group of social workers you will ever deal with and it is not beyond them to lie and fabricate evidence to try to make their cases. However, if you have proof that their test results are false, if they try to report them, you would have grounds to sue them for damages for their falsely reporting the results. So if your test you paid for was negative and it was taken at the same time or after the CPS test, you have the proof you need that they are either lying to you about your test results or the test is faulty.
Customer: replied 10 months ago.
I can or cannot get my son from his father for my orginal visitation??
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.

If you have proof your test was actually clean and CPS is either lying or has a faulty test, you should be able to get your custody, but if CPS is still refusing, then the only way for you to do that is to file in court and get the court to order it.