Just found out ex using drugs

North Carolina Divorce Law Divorce and Separation Answers
1

i want to make this simple… ha ha

i just received an anonymous email that my son’s father has been using marijuana for the past few months or so and it has hindered his ability to take care of our son during his weekend visitation. there was a situation that happened and only 4 people know of it, so i am thinking this email was from my son’s father’s current wife. in it it said that they wanted to let me know because they were concerned for my son’s well being and his best interest. this email came to me through my business website and i don’t think anyone would put two and two together about who my son is and where i work (unless like i said they were very close to my child!)

I have contacted my son’s fathers current wife via email and she said that he does have erratic behavior and she would not allow him to see their children that they have together unless he files for visitation and is “seeking counseling”

We have a court date coming up in less than a week to finalize a temporary custody order (i have had permanent custody for the past 6 years and just recently moved of of state so that is why there was a “temp custody hearing” )and my questions are:

  1. do i get social services involved?
  2. with a court date less than a week away, is there a form that i need to complete to request a court ordered drug test or is this something the judge will order after me presenting the evidence that i have?

My son’s father has been arrested before for drug use, intent to sell, etc. but this was 13 years ago…

THANK YOU FOR THE ADVICE!!!

2

In my opinion, I would not voluntarily contact social services to have them intervene in your case. If evidence is presented well to a judge, he or she should be able to manage your case and the needs of your child easily without their involvement. There are other statutes that are involved if social services files a petition, and you likely want to keep this under family court.

There is no standardized form for drug testing. You should simply put forth the evidence and ask him and any other witnessees questions about his drug use, and request that the judge issue a requirement that he submit to drug testing in your opening and closing arguments.

You should remember what the legal standard is for a judge to determine custody issues and tailor your arguments to reflect why being around this person is not in your child’s best interests.