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What happens if he goes to court but fails the drug test? What happens if he doesn't take the drug test and doesn't go to court?

Houston, TX |

My husband is scheduled to go to court to modify his relationship with his kids. The ex-wife wants him to have only supervised visits with them. They are 14 and 16 years old. He has also been ordered to take a drug test on the charge that he indulges in Marijuana. Can either of the situations affect me and our 2 year old child who live with him?

Attorney Answers 2


Sure. His criminal conduct, if uncovered, can alter things for you and the two year old. May be he is not a criminal. If he uses, then his chances of getting what he wants in the visitation battle are diminished.

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Thanks for the feedback. What if he doesn't go at all or take the test? Will a default judgement be granted in her favor and all else will be settled or is it likely that the state will then get involved with our home life?



At this point he doesn't want to argue the supervised visits. His kids are older and will be 18 in a few years. Their mother has already kept them away from us for the last year and has manipulated them so much that they dont want to come over anyway


It could if someone with an interst in your child (i.e. CPS) finds out and wants to do something about it. He needs to pass the drug test and then he won't have much to worry about. Get a good lawyer - 14 and 16 year old kids rarely need their visitation with dad to be "supervised." This is probably more driven by her jealousy of you and your new child than anything about safety. Let's be honest - no one ever got high on marijuana and beat their children. It is illegal, however, and that matters - so just tell him to clean up and pass the drug test. Your problems shouldn't last too long after that.

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