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I lost my visitation rights became terminated due to refusal to take a drug test for marijuana.

New York, NY |

My child mother was refusing my visitation and during a bitter visitation battle, my childs mothers lawyer mentioned I had an ACD for possession of marijuana because she did not want her client to be held in contempt for refusing me my visits. With that being said, I refused to take the drug test because of my occasional marijuana use.. I was so upset because i petitioned to enforce my rights and my chidl mother rather me not be around. Yes, Im a young parent who's made mistakes however I need information on getting my visitation rights back. i took parenting classes since the last court date and do not use marijuana, All i want is the steps to regaining my rights back. Although my child mother doesn't want me around my son due to our break up, Am I able to fight for my visitations again

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Attorney answers 3

Posted

It seems the simply answer to your question is - take the drug test. If your case is still active in court, then offer to take the test on the next court date. If its not, then re-petition for visitation and specifically state in your petition that you're willing to abide by random drug screening to prove to the Court that you're drug-free. For a full assessment of your situation, I advise to schedule a consultation with a NYC Child Custody attorney.

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Posted

Yes, of course you can fight to regain your visitation rights! A past ACD for possession of marijuana certainly should not prevent you from having visits. It sounds like you didn't have anyone advocating for you in the courtroom and as a result you got a very bad outcome. I strongly suggest you make contact with an attorney as soon as possible so you can start getting visits. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

Posted

I agree with both attorneys. Your quickest pivot is to play ball with the court. So what if you did occasionally use and was "dirty?" If you show that you are willing to stop and be tested as much as they want (which will taper off and stop), it's a new beginning. Courts want to keep parents and children together, not alienate them, absent a danger to the child. So let the court get you back in the picture. Where's your attorney in all this? Hire one.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.