Legal Question in Family Law in California
Alchol Testing
There is a 24hr no drinking before physical custody clause in my child visitation orders. Can my ex have me tested more than 24hrs before I see my kids? What UI test do they ues to verify, I understand there is a 24hr and 72hr test. I am just trying to ensure that if I go out on a weekend when I don't have the kids that I risk losing my kids. The rule for the non-costodial parent is if caught 1 time I go to 4hrs a week supervised visitation. How do I get this clause removed without looking bad? I don't like having a clause in my child visitation orders that could immediately terminate my visitation with my kids.
1 Answer from Attorneys
Re: Alchol Testing
It is highly unusual for the prohibition to extend 24 hours before the visit. I would challenge that and clarify when Mother may ask that you test. If you have some alcohol in your system the day before the visit it will be gone when you pick up the kids. I have to imagine that your alcohol use has been a serious problem that has effected your children. If that is the case I urge you to go to AA every day for 30 days before you return to court so you can convince the judge that you are doing something about this problem besides trying to beat the test.
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