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Will evidence of a very recent drug problem hold up in the family court?

Kent, WA |

My son's uninvolved "father" posts things on facebook saying that he's been clean of a pill problem ( opiates specifically) he's mentioned his problems many times. He is also barely 19 and will post EVERY SINGLE DAY about what alcohol he's drowning himself in at the moment. Every few moths he threatens to bring me to court for custody out of pure spite. Will this evidence help me at all??

Oh, and might I also mention that he is fully supporting his drinking habit while falling now several months behind on child support.

Attorney Answers 3

Posted

Depends on the reason for which it is used. Just because he posts it on FB does not make it true, especially if he is only 19. People post stupid things on FB that are not always true just to impress others. It is your burden of proof to show that his is taking drugs and it is effecting his ability to parent.

Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements

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Posted

If the court believes there are drugs or alcohol involved, the court likely will order drug testing. If you present printouts of the father's postings, the court likely will order drug test, probably hair follicle testing.

If the father has been taking drugs in the last 2-3 months, the results of the drug testing likely will show the usage.

You should review the specific facts with your attorney to find out your legal options.

Thuong-Tri Nguyen

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Posted

This is an interesting question because, if he says it is not true, then he was lying on Facebook, and the court will wonder why? If it is true, then the court will want to do at least an immediate UA and if he is drinking a lot, an ETG. At the very least, it will demonstrate that he is fixated on drinking and drugs.

What I do not know is the status of your case. Is there a parenting plan already in place? Is paternity established? Is he ordered to pay support under an administrative order? It may be best just to leave things well enough alone. Good Luck.

Please note that this response is not a substitution for a legal consultation nor is this response to your question to be construed as representing the person who submitted this question.

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