How can I win the custody battle for my son? 2 Answers as of February 20, 2012

Right now I am going through a custody battle with my child's father. He has taken my son from me and I hadn't seen him in five months. The court ordered me to take a drug test because he is alleging that I am unfit. I took my hair test and it came back positive for THC but my urine test came back negative. We haven't been back to court since the drug test, but I don't know what to expect since the hair test. I have smoked marijuana in the past, but it has been a while since I last used it. Can you tell where you think I may need to go from here, because I want to get my son back. The actual reason that he has taken my son is because he attempted to get back in a relationship with me and I turned him down.

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ROWE LAW FIRM | Jeffrey S. Wittenbrink
Your chances of custody of your son will depend on the nature, severity and recency of your use of illegal drugs. Many judges will deal with a marijuana issue by simply ordering you to undergo and submit to random drug screening for a period of time, with otherwise no restrictions. Your husband disallowing you to see your child for five months will not be looked upon with favor unless that was in compliance with a court order. If your visitation was that restricted to begin with, the judge must have felt that your problem was severe enough to cause danger to the child. Mostly, drug problems can be overcome and normal visitation/custody reinstated. Proof of your husband's motives can be helpful, especially if he tolerated, encouraged or participated with you in drug use himself. No one can tell you how to "win", but there are many things you can do to improve your standing with the court: 1) immediately cease all use of any illegal substance, or legal substances not prescribed to you; b) submit to counseling, if needed, and random drug screening, whether or ot needed; 3) undertake regular, normal visitation to the full extent allowed by any existing court order, and comply with any existing order to the fullest; 4) undertake any locally approved parenting courses aimed at co-parenting after divorce; 5) make sure you are represented in court and obtain and follow the advice of an attorney experienced in these matters.
Answer Applies to: Louisiana
Replied: 2/20/2012
Ezim Law Firm | Dean Esposito
You need to go back to court to request custody. Some judges will not take custody away from a parent if they only test positive for marijuana. The fact that urine test was clean means you have not smoked it recently. Some judges are more concerned with the rests of the urine test which indicates recent drug use. You should not feel you do not have a good case because of the results of the hair follicle test.
Answer Applies to: Louisiana
Replied: 2/20/2012
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