Legal Question in Family Law in California

Joint Custody & Legal Rights

I have joint custody of my 2 children with my ex husband. He has had a continual problem over the years with drug abuse. Upon picking up my children last week I am absolutely sure he is again using drugs. What are my legal rights as a parent? Can I refuse his visitation with the girls? Can I demand drug testing?


Asked on 1/29/08, 4:48 pm

2 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: Joint Custody & Legal Rights

You need to go back to the court and get an ex parte order from the Judge.

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Answered on 1/29/08, 7:30 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Joint Custody & Legal Rights

As a parent you have a duty to protect your children. Next time he come to pickup the children for a visit and appears to be under the influence of a drug, ask him if he has been using drugs. If he denies it then tell him you are calling the police and will let a police officer decide whether or not he is under the influence of drugs. If there is a risk of violence then do not use this approach. Just go to court and get an order for him to submit to a drug test.

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Answered on 2/03/08, 5:24 pm


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