Motion to dismiss re: drug screening

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Re: Motion to dismiss re: drug screening

Unread postby Fatheroffour » Wed Feb 22, 2017 3:40 pm

I went through this during my case. Allegations were made and testing was ordered. I even tested regularly through litigation for insurance.

< edited > principles. I was in it to win it.

By the time trial came, after 18 months of brutal stress, I wasn't going to get tripped up by some drug test. It wasn't about making the ex feel warm and fuzzy. The gal knew it. The judge knew it. Drugs were not an issue concerning placing the children in this household.

Cover your bases.

YMMV.
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Re: Motion to dismiss re: drug screening

Unread postby Outis » Wed Feb 22, 2017 3:42 pm

If this were the sole issue, I might agree.

It is not, and I do not.

This delays the inevitable. Whatever purported advantage to OP is negated by the power, entitlement, and control that's given to mother. She will be further entrenched in watching him jump through hoops.

The marionette has his number.
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Re: Motion to dismiss re: drug screening

Unread postby astrolink » Wed Feb 22, 2017 3:43 pm

I think the drug test is a good choice. I would also insist to my attorney that all future court/attorney costs from unreasonable requests be paid by her, because at this point, she IS being unreasonable.
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Re: Motion to dismiss re: drug screening

Unread postby Chaos » Wed Feb 22, 2017 3:45 pm

Principles are expensive. If you can preemptively check off her boxes, check off her boxes.

I'll be interested in your update.
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Re: Motion to dismiss re: drug screening

Unread postby Texas3Step » Wed Feb 22, 2017 4:07 pm

Outis wrote:If this were the sole issue, I might agree.

It is not, and I do not.

This delays the inevitable. Whatever purported advantage to OP is negated by the power, entitlement, and control that's given to mother. She will be further entrenched in watching him jump through hoops.

The marionette has his number.



What power and control? She just lost it all because this drug test was her only card. She's got nothing. When this comes back clean she will have nothing left to play. If she wants to pursue this further, Judge: "It's been 50/50 the child's entire 5 year life? What are the circumstances requiring this change?"

Crickets...

I'm not seeing your point aside from predicting more trouble. I understand and get it, I am jaded as well, but going through with this was the right idea.
Last edited by Texas3Step on Wed Feb 22, 2017 6:09 pm, edited 1 time in total.
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Re: Motion to dismiss re: drug screening

Unread postby Texas3Step » Wed Feb 22, 2017 4:10 pm

Fatheroffour wrote:I went through this during my case. Allegations were made and testing was ordered. I even tested regularly through litigation for insurance.

< edited > principles. I was in it to win it.

By the time trial came, after 18 months of brutal stress, I wasn't going to get tripped up by some drug test. It wasn't about making the ex feel warm and fuzzy. The gal knew it. The judge knew it. Drugs were not an issue concerning placing the children in this household.

Cover your bases.

YMMV.


Yes this is what my attorney said. Any pursuing of this further makes her look bad in this very conservative judge's eyes. What's in the child's best interest?
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Re: Motion to dismiss re: drug screening

Unread postby Chaos » Wed Feb 22, 2017 4:39 pm

Outis wrote:If this were the sole issue, I might agree.

It is not, and I do not.

This delays the inevitable. Whatever purported advantage to OP is negated by the power, entitlement, and control that's given to mother. She will be further entrenched in watching him jump through hoops.

The marionette has his number.


A marionette is a puppet. I don't get the metaphor.

This is less of a delay than waiting for a judge to order the same thing at a hearing weeks from now. He's taking control by removing her obstacles. She's the one who will look unreasonable and controlling if this goes to trial. That's not worth nothing.
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Re: Motion to dismiss re: drug screening

Unread postby Ohiogal » Thu Feb 23, 2017 1:16 pm

Trevor wrote:Do simple drug tests really cost three grand or are you just imagining that?

Drug tests -- even nail tests -- near me are only $150 .. granted I am in Ohio but no where near $3000.
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Re: Motion to dismiss re: drug screening

Unread postby Texas3Step » Thu Feb 23, 2017 3:23 pm

Ohiogal wrote:
Trevor wrote:Do simple drug tests really cost three grand or are you just imagining that?

Drug tests -- even nail tests -- near me are only $150 .. granted I am in Ohio but no where near $3000.


It wasn't $3000. It cost her $300. If I made a typo I apologize. When I referenced what she spent it was to reflect legal fees.
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Re: Motion to dismiss re: drug screening

Unread postby Texas3Step » Thu Mar 02, 2017 5:07 pm

So I went and took the drug test last Wednesday, it was a 10-panel nail test. They said it would take 3-5 business days.

Today I get a call from Any Lab Test Now, saying I need to come in and retest, that the lab they sent the specimens to called them and said they didn't get enough nail samples for an accurate result.

Could this possibly be the other side not satisfied with the results?

I'm going in Saturday afternoon so my nails have a chance to grow out longer. I'll take as many as they need.
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