rb28nc
recently joined
Reged: 12/05/11
Posts: 2
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what will be done - if anything?
12/05/11 10:26 PM
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Hi everyone. I have been a lurker here for a while.
I have a ten year old daughter, who's father has been in and out of her life. I am going to try to make this short and sweet to get to the question I have.
5 years ago he agreed to random drug tests after completing rehab in order to keep his unsupervised visitation. He was to appear for his first within 7 days. Never did. Contempt was filed 3 months later after giving him time to complete the requirement. Judge offered him the chance to take one right then. He refused.
Judge then suspended his visitation completely, but I called the Judge's chambers and asked his assistant to please give him supervised visitation with his parents supervising (he lived with them) until he completed the testing requirements.
Five years later, he has not completed any drug testing, and has been very hurtful to my daughter on many occasions. From emotional and mental abuse, abandoning her when she was not convenient for him, and borderline (to some people, to me it is NOT borderline) physical abuse.
I filed a petition for modification in September after almost 4 months of no contact from him and no idea where he lived, to get full legal custody because she was starting counseling to deal with the issues and I obviously couldn't get his consent.
We had the conference with the hearing officer this past week. He was ordered to get a urine test that day across the street (at Probation office) and a hair test within 14 days, and when proof was provided to her counselor and me of both being negative, he could begin supervised visits in the form of counseling sessions with her at her counselor's office once a week.
He stated he did not have $15 to take the urine test. Hearing Officer asked me if I had $15. I said, yes, I can go to the ATM. He said are you willing to pay for his drug test? I said yes. My attorney pulled the money out of his pocket and handed it to him.
We just got the results of the test from the Probation office, in the form of copy of a letter to the Hearing Officer. The test was negative, but he still owes the $15! He took my attorney's money and did not pay for the test, I don't know what story he concocted that they would let him do that. Basically, he stole my attorney's money and used it for whatever and still owes for the urine test.
Obviously, any credit he gained from the negative test is overshadowed by the act of stealing the money that was to be used for the test.
Does anyone have any idea what will happen with this? I am sure the Judge/Hearing Officer is not real happy about it.
Considering he also hasn't worked much in her life, after being fired for refusing drug tests, and quitting or getting fired from other jobs, and hasn't paid support in quite a while, and to take money from his daughter's mother for his own selfish wants was pretty low.
Anyway, sorry for the length, but figured you'd better know the back story. Thanks everyone for any advice you have or any ideas of what may happen here.
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