Motion to dismiss re: drug screening

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

Motion to dismiss re: drug screening

Unread postby Texas3Step » Mon Jan 30, 2017 12:39 pm

After doing much more research, I'm going in today to file my motion to dismiss drug screening. Wish me luck guys. And if you're the praying kind, that also.

The facts on this are here in case you're not familiar :

viewtopic.php?f=7&t=78455

Here's my legal argument:

Petitioner fails to provide sufficient facts to, if taken on face value as being true,
indicate that the defendant requires a drug screening, or caused harm to the child,
and has failed to state valid reasons for which motion for drug screening can be
granted.

Prescription drug use, which is mentioned in the motion, is legal. There is
no claim of abuse, or claim of illegal drug use, nor a specific drug named
that gives reason for Petitioner to file this motion, therefore motion is
purely speculation.

“Erratic behavior with family” is purely subjective and therefore
speculation, and not a valid reason to require a drug screening.
Moving/evictions/financial problems are not valid reasons to require a
drug screening. Respondent, like most divorced fathers, is under financial
hardship, therefore is only trying to find affordable housing in order to be
financially responsible.

“Unstable living condition” is subjective and speculative, and gives no
specific reason to require a drug screening. David lives in a brand new
manufactured home. Whether or not Petitioner feels this is unstable is subjective and not
factual.

6. Petitioner only made a motion for drug screening after Respondent did not agree
to her demands in a timely manner.
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Re: Motion to dismiss re: drug screening

Unread postby BartSimpson » Mon Jan 30, 2017 12:55 pm

I know you disagree with this advice from us, but don't argue your case in depth. The burden of proof is on the mother, and she has failed to establish any proof.
Texas3Step wrote:Petitioner fails to support with facts any risk or harm to the child to require a drug screening.

Petitioner fails to support with facts any drug use outside of the care and direction of a physician to require drug screening.

Petitioner fails to support with facts any erratic behavior to require a drug screening.

Petitioner fails to support with facts any living condition to require a drug screening.
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Re: Motion to dismiss re: drug screening

Unread postby Texas3Step » Mon Jan 30, 2017 1:06 pm

OK, no I agree with you Bart. Thank you.

I do wonder though, do facts need to be shown right now in a motion to compel? Aren't the facts shown in a hearing, not now? So Petitioner wouldn't need to state facts to file a motion, correct?

Maybe I should state "reasons" instead of "facts"
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Re: Motion to dismiss re: drug screening

Unread postby Outis » Mon Jan 30, 2017 1:14 pm

Motion to compel what? I thought this was a motion to dismiss?
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Re: Motion to dismiss re: drug screening

Unread postby Texas3Step » Mon Jan 30, 2017 1:19 pm

Outis wrote:Motion to compel what? I thought this was a motion to dismiss?


I'm referring to her side's motion to compel a drug screening. What I mean is, should I craft my response without using the word "facts", (as Bart mentions above) because I don't think Petitioner has to give facts to file a motion. All of that is done in a hearing. So maybe I should say "reasons" instead of "facts." I am not sure...
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Re: Motion to dismiss re: drug screening

Unread postby Outis » Mon Jan 30, 2017 1:27 pm

Hang on, because this is confusing.

Did she file a motion to have the judge order you to take a drug test? Or did she file something titled a motion to compel, which is about a drug test?
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Re: Motion to dismiss re: drug screening

Unread postby BartSimpson » Mon Jan 30, 2017 1:28 pm

In the motion, no. In the accompanying affidavit, yes.

What's that? She didn't submit an affidavit?
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Re: Motion to dismiss re: drug screening

Unread postby Texas3Step » Mon Jan 30, 2017 1:33 pm

I did not see an accompanying affidavit. Is that something that would be sent to me also? All I got from her office was the motion for drug screening.
Last edited by Texas3Step on Mon Jan 30, 2017 1:37 pm, edited 1 time in total.
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Re: Motion to dismiss re: drug screening

Unread postby Texas3Step » Mon Jan 30, 2017 1:35 pm

Outis wrote:Hang on, because this is confusing.

Did she file a motion to have the judge order you to take a drug test? Or did she file something titled a motion to compel, which is about a drug test?


Sorry. She filed a motion to have a judge decide if I should have a drug screening. It simply states "Motion for Drug Screening" at the top.
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Re: Motion to dismiss re: drug screening

Unread postby Outis » Mon Jan 30, 2017 1:40 pm

Then yes, it should be supported with facts. Failing to include facts in a finding results in a judge wonder WTF the filing party is doing.

Go with Bart's advice - keep the motion to dismiss simple.
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