my childs father and my current boyfriend don't get along. They got into a fight one day and a day later, I was the one served with a PFA, with our child included in the order. The details in the PFA are entirely about their fight, HOWEVER, though it's not in the report, he told the courts I used drugs in the past. Although I no longer use, I know I won't pass a test, as it's too soon. Will I be drug tested during our hearing? And if I fail, will I lose my child?
Domestic Violence Lawyer
This is an issue you will want an attorney present for. The Court can't force you to take a drug test on the spot, they might order one and give you time to take it. Ultimately, since you have a child you need to quit, because your doing drugs (even socially) can jeopardize you having your child. If you fail, the Court may grant the Father with greater visitiation rights (more legal custody, more physical custody, limited visitaition to you with supervision, etc). Quit doing drugs now and keep quitting or you will lose your child.
As for the PFA, your attorney will want to view the PFA. No bf and ex ever get along, its rare. Naming you is standard, and he put the child in the PFA because when you go to the hearing if there is no custody agreement in place the court may order a temporary custody agreement granting rights to the parents, limitations on terms, etc.
If you don't have a custody agreement in place, you will want to file one immediately to ensure you get what is best for your child. Hiring an attorney who practices in family law will serve you best and ensure the best terms in the agreement for your son and hopefully you as well.
Best of luck
My comments are provided for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications through Avvo should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Lawyers are licensed to practice on a state by state basis; do not act on information contained on this website without first speaking to an attorney licensed to practice in your state