Legal Question in Family Law in Missouri

Possible Drug Use and Breaking Custody Agreement

The mother of my son and I recently split up but we have a finalized custody agreement(50/50 legal and physical no child support). I have been following the agreement exactly but she has left him with me on her days by not calling me and letting me know. Basically, I have had to take on a daycare which she cannot pay for (which is in our agreement) and have also had to constantly bend my life for her. I also have a suspicion that she may be using drugs. What steps should I take to obtain primary custody and enforce drug testing for her without her catching wind of it and cleaning up for a month and then going back to the same habits(which she did the last time I mentioned drug testing)?


Asked on 8/27/08, 12:04 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Possible Drug Use and Breaking Custody Agreement

You do not tell us whether you have a Judgment that incorporates this custody agreement you say is "finalized". If so, you may be able to file a Motion to Modify that Judgment to obtain sole custody of your son. As to the drug testing, it is possible that the Judge will Order an immediate drug test which will not give your son's mother an opportunity to clean up her act before the test. If you do not already have an attorney, you may call me for a free telephone consultation.

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Answered on 8/30/08, 12:32 pm


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