I was court ordered by a NJ Judge to participate in an Intensive Outpatient Program on 4/9,I started 4/10 I was doing well going 3 days a week 3 hours each day.I was giving my weekly urine drug screens,then 5/7 was my 2nd court date,I had 4 clean urines by then,and 100% compliance.But lost my job 5/22 and got behind on my rent.Being an Uber driver the past 3 years I was doing that more often trying to stay on top of bills, with a car payment due every 14 days, which is why I would spend a lot of time driving day in and day out. However wasn’t doing my Urine Drug Screens either for 2 mths now. Also haven’t been to my IOP group in 2 months as that’s how long I’ve been unemployed driving Uber to pay bills, my kids are still in my custody.But I was a member of New Horizons which gives Methadone to opioid dependents,I would get a take home bottle every Saturday for Sunday’s dose, when they were closed.I would not take them some Sunday’s and end up accumulating 2-3 bottles of only 4 mg. Methadone.Now I have court next week 7/31/18 9am and my DYFS case worker asked about me being positive for methadone after being off of it since May 10th, are they gonna take my kids for not complying?
What I am hearing is "I have a job where I choose my own hours. I made an adult, conscious decision not to listen to a judge and I didn't even have a job at risk". THat's what the judge will hear too. You have to understand how serious such an order and complying with it for as long as the JUDGE tells you to comply is (not how long you think you needed or "I did OK in part of the time assigned").
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
If your custody of the children was contingent on your compliance, then it is a possibility. Judges are loathe to listen to sob stories when it comes to what is in the best interest of the children and keeping them safe. I strongly recommend you retain legal counsel to guide and assist you.
This answer does not constitute the establishment of an attorney/client relationship nor is there any guarantee that this advice will be completely effective in a court of law. A consultation, including review of court orders and other documents is necessary in order for me to give you proper advice and guidance.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline