Legal Question in Family Law in California

Drug Abuse by former spouse

1. After a long and drawn out divorce case, I was awarded 55% custody of my children. Does this mean that I have legal custody?

2. The Child Custody mediator put my ex-husband on drug testing if I suspected him of drug abuse while he had the children. The mediator also ensured me that he would not use drugs throughout the duration of the drug testing period. Since then, the time has lapsed where the mediator has any influence over the implementation of further drug testing. Recently, ex-husband has delivered and picked-up the children from me under the influence of drugs. Should I have let him take the children when it is apparent that his judgement may be impaired? If not, understanding that my husband has been abusive, how do I tell him that he can't have them? I continue to be concerned about my children's safety. Is there any legal recourse and do you recommend taking it? My children are currently 9 and 11.


Asked on 9/27/99, 8:50 pm

1 Answer from Attorneys
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Drug Abuse by former spouse

Go back to court. See the judge ex parte and request an order that your ex immediately submit to hair follicle drug testing. The order should include that you pay for the test and he reimburse you if the test is positive. The order should also provide that refusal to test within 24 hours of being served with the order is the same as a positive test. At same time, file OSC to modify visitation to supervised, with additional random drug tests at his expense.

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Answered on 9/28/99, 6:43 pm


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