I have a court date soon for my sons custody?
I have an old record of my ex selling drugs and I am pretty sure he still does. Should I bring it up in court? Can I get him drug screened?
Answer:
Using drugs and sales can be a real big issue in the realm of custody decisions.
Pursuant to California Family Code Section 3011, "In making a determination of the best interest of the child... the court SHALL, among other factors if finds relevant, consider ALL of the following: (d) THE HABITUAL OR CONTINUAL ILLEGAL USE OF CONTROLLED SUBSTANCES OR HABITUAL OR CONTINUAL ABUSE OF ALCOHOL BY EITHER PARENT".
You must be very careful and seek the advice of a competent attorney regarding your case. If he has been convicted in a time frame such that he is still on probation his conviction is quite relevant. Sales are different than using. If you want him drug tested you need independent corroboration that he is using - don't' be a fool and simply make an allegation that cannot be corroborated i.e. declaration from witness, police reports, arrests, etc.
You ex's character absolutely comes into play here.
The goal of the court is the safety of the child. You want your
EX to get creamed. Prove any kind of physical abuse whatsoever to you or the child and the child will be yours fulltime.
>> Should I bring it up in court? <<
What purpose would it serve? Depoends on what you are trying to accomplish.
>> Can I get him drug screened? <<
Maybe, but the court might order you screened too.
If you request that he take a drug test, they are going to request that you test also. Whats good for one is good for the other. So make sure you are clean because its usually done by a hair follicle test, which can go back almost a year, depending on the length. That being said, it is easy for a man to pass this test as they can shave their heads, and anywhere else the lab may take samples from. I've been there. It is really hard to prove drug use when someone knows a test is coming.
I wouldn't bring up his selling drugs unless you're absolutely sure he still does, however I would recommend you request a drug screening.
The matter of his past drug use or sale is irrelevant to child custody and if you want the court to consider you a fool then go right ahead.
I have asked the court on three ocassions to relieve me of representation of a client for pulling these games.
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