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My husband was granted custody of our children in the

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Hi, my husband was...

Hi, my husband was granted custody of our children in the divorce. I did not appear due to a warrant for revoke of probation and had recently relapsed. my decree says "until a clean nailbed test is provided I am not to have society with the children" what exactly does that mean? I know of people getting at least supervised visitations until they can prove they are clean. I have filled out documents to enforce visitations and plan to take care of my warrant asap. but was wondering what my chances are to get at LEAST supervised visits as its been 6 months since ive seen my kids and this is affecting my bond with my children. Also since I wasn't present and my ex husband or attorney requested I pass a clean nailbed test, does my ex have to pay for that. just wondering because I have a friend in the same vote and her ex had to pay for it since he requested it.. he used the same attorney as my ex did. Also I'm in Oklahoma. I have no child neglect or endangerment charges, have always been a main care giver, dhs was not involved, no restraining orders and my rights have not been terminated, so what exactly do I need to do to petition the courts?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in Oklahoma family court?

I just filled out the order to enforce visitation petition and plan to file them at the court house as soon as i know I have enough funds to go take care of my warrant. which should be within a couple of weeks

Submitted: 3 months ago.Category: Family Law
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Customer reply replied 3 months ago
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Answered in 12 hours by:
5/9/2018
Family Lawyer: N.Brown ESQ, Lawyer replied 3 months ago
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 187
Experience: Attorney
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The order in the decree appears to suspend any visitation until the court or the father has proof of a clean nail bed test. Every case is different so even though you may know of instances where other parents were granted at least supervised visitation until they could prove they are not using drugs or alcohol there are probably other factors that you are not aware of in those cases that led to the judge entering those orders. Additionally two judges can look at the same case with the same facts and enter different decisions. All that to say there's a lot that goes in to the court's decision making.

Generally it would be the party who has to prove they are clean that would have to pay for the test. Even though he requested it you would be the one who wants to compel the court to change the orders based on your clean test so the onus is on you. He has no motive to have you take the test. The court can make either party responsible for he costs or split it between the two. If the court does not specifically say who is responsible for the cost of the test you can file a motion for clarification or articulation of the court order. It sounds like you are on the right course filing the motion to enforce visitation, but you should consider the conditions that were entered as part of the custody order and ensure you have met them or are on your way to meet them. The court considers what is in the best interest of the child(ren) when making or modifying custody and visitation orders.

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Family Lawyer: N.Brown ESQ, Lawyer replied 3 months ago

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Family Lawyer: N.Brown ESQ, Lawyer replied 3 months ago

Please let me know if you have any further questions. If you are satisfied with my responses to your questions, please accept the answer, and provide a rating (5 stars would be appreciated). Thanks, ***** ***** hope everything works out to your satisfaction.

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