My question involves a child custody case from the State of: Arizona
My former spouse and I have been dealing with a child custody case concerning our two minor children, 10 and 7. I am the petitioner and he is the respondent. About a year ago the respondent started recording our phone conversations in which I appeared to be clearly intoxicated. Respondent was able to file an emergency petition to gain custody of my children. Since then I have been alcohol-free and proving the urinalysis test to the court. Since then respondent continued to use drugs, of what kind I am not sure. Almost a month ago we had our hearing to establish custodial parenting rights. The judge ordered both of us to take a urine sample and a hair follicle sample on Tuesday. I did both tests on Tuesday immediately following Court. Respondent did not go until Wednesday to do the urinalysis and the hair follicle sample, in fact he paid for both tests but was unable to perform either. Respondent appeared for the continuing Court proceedings on Thursday without having taken either test. The judge held him in contempt however was unable to set a ruling for whatever reason. The judge allowed respondent to test on Thursday. Because the respondent had cut his hair immediately following the court ordered drug test respondent was unable to have the hair follicle sample completed. We are set for another hearing on November 27th and I am wondering why it is taking the judge so long to assume that the respondent should be seen as testing positive for ultimate refusal of taking the test.
My former spouse and I have been dealing with a child custody case concerning our two minor children, 10 and 7. I am the petitioner and he is the respondent. About a year ago the respondent started recording our phone conversations in which I appeared to be clearly intoxicated. Respondent was able to file an emergency petition to gain custody of my children. Since then I have been alcohol-free and proving the urinalysis test to the court. Since then respondent continued to use drugs, of what kind I am not sure. Almost a month ago we had our hearing to establish custodial parenting rights. The judge ordered both of us to take a urine sample and a hair follicle sample on Tuesday. I did both tests on Tuesday immediately following Court. Respondent did not go until Wednesday to do the urinalysis and the hair follicle sample, in fact he paid for both tests but was unable to perform either. Respondent appeared for the continuing Court proceedings on Thursday without having taken either test. The judge held him in contempt however was unable to set a ruling for whatever reason. The judge allowed respondent to test on Thursday. Because the respondent had cut his hair immediately following the court ordered drug test respondent was unable to have the hair follicle sample completed. We are set for another hearing on November 27th and I am wondering why it is taking the judge so long to assume that the respondent should be seen as testing positive for ultimate refusal of taking the test.
Modification of Custody: Failure to Perform a Court-Ordered Drug Test in a Custody Case
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