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In Kentucky, can I lose my kids if my boyfriend fails a drug test because of marijuana?

Salyersville, KY |

I lost my kids August 2013 and I have been trying to get them back. I lost them because I was unaware of the court date and lived in a different state (Ohio) with my kids for nine months. My ex husband and the courts did not notify me of court date. He was awarded custody because he showed up to the court by default and he came to Ohio and took the kids. I have moved back to Kentucky since.This month they are going to order a hair follicle drug test on me and my ex-husband. I will definitely pass it. However, I have a boyfriend who lives in a different county. He only comes and sees me every now and then. He smokes marijuana but never when he's around me or my kids. They said at the court date that my boyfriend would have to be drug tested too. Will this affect me getting my kids back?

Attorney Answers 1

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Sure a failed drug test could have an adverse effect on the judge's ruling.

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Even if he doesn't live with me? I just want to be sure, because I will break up with him if I need to. My kids are more important. He has even quit smoking marijuana for the last 2 months but it's a hair follicle test and I know those go way back. He lives in a completely different county than me so I just didn't understand how he was relevant to the custody case at all.

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