Ex Trying to Get Full Custody

My daughter’s daughter filed an ex-parte order last week saying that my daughter is not safe with me or in my home because there are drugs and guns at my house. Neither of which are true, but this was heard off docket, and was granted. We go to court tomorrow for the ex-parte and he has also filed for full custody. He asked for a drug screen, and that I pay for it … I have no problems taking the screen as his accusations are completely false, and I know that I will pass. He is also asking for my fiance to take a drug screen. My fiance smokes marijuana (NOT ever in front of the kids or when they are around). Will this affect my custody? My ex also said that I was evicted from my former residence (NEVER have been evicted), he said that I have unsecured guns (I’ve never bought or owned a gun, ever) … Just a bunch of lies that he can’t prove… My question is mainly, does my fiance have to take a drug screen for me to not lose custody of my daughter? And if he fails for marijuana, how will this affect me? Is there any recourse that I have since my ex has filed all of these lies that he can’t prove?

It sounds like the father will not be able to back up many of his claims which were the basis of having the ex parte custody motion granted.

Whether or not your fiancé has to take a drug test will be up to the judge. If your fiancé lives with you, a judge may be more likely to order that to ensure that no minor children are exposed to illegal substances while in a parent’s care. However, your argument could be that you are the primary caretaker of the child when the child is in your care, not your fiancé (assuming this is true).

It’s possible a judge could limit your custody because of a failed drug test or set a joint temporary physical schedule and revisit it in a few months.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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