Legal Question in Family Law in Tennessee
drug test
my ex failed a drug test in tn. and lost his rights to pick up our son. and later i was told by my lawyer he had a clean drug test. and i had to give him back visitation. so we signed a parenting plan to start his visitation again on aug. 10 08. but he was to produce a clean drug test every 3 months. starting sept 1, 07. he has never gave me one and don't try to call or come and see our son [i told him he could see him any time he just had to do it at my house] now he wants to get him 10 days after christmas and take he to him mothers. he said he will take me for contempt of court if i didn't let him .can he do that.i also found out my x- lawyer don't have a copy of clean drug test. so i don't know if he had one or not. can he just do what he wants
1 Answer from Attorneys
Re: drug test
No, assuming that the parenting plan has been incorporated in the court's order regarding the father's visitation rights, and conditions his visitation upon his producing a clean drug test result as required under the plan, the father would have no basis to request of the court that you be found in contempt for refusing his request for extended Christmas visitation with the subject child.