My husband is 40 and he has two sons (12 & 9) with his ex. They had joint legal custody and he had full physical custody until last December. She is a long time prescription drug addict and overdosed in December. We went to court and got full custody and stayed the visitation. Since then the DA has filed criminal charges against her and she got monitored visitation for two hours a week. According to the Order she is supposed to be going to an outpatient rehab and providing proof that she is doing so, we haven’t seen anything yet, all she provided was a letter from a sober living home that she doesn’t even live at. We did subpoena the records from this place but haven’t gotten anything back yet. We are going back to court next week and the judge said that she might be able to give her full visitation back if she provides the information requested in the order. She is definitely lying about going to the rehab, we have been to the meetings at the sober living home and she is no where to be found. How could the court give her full visitation back despite the fact that we have provided the court her extensive history, she has admitted to the abuse, has criminal charges against her and hasn’t done anything about it? We are trying to figure out if there is another way to prove that she is still using, we know that she is…just the fact that we need to prove it..any ideas?
#1 by Jay on February 10, 2010 - 4:20 am
really just get proof on paper that shes lying about the rehab stuff. go to the meeting, if she still is not there, then get documentation from some one that works there. you just have to show the judge that she is still lying. if she is proven to be lying, the judge isnt stupid, he will make the right move.
#2 by kat on February 10, 2010 - 4:46 am
the only way you will be able to prove it is if you have hard evidence you can hire a pi but that cost a lot of money and you may not get the evidence you need or call her and confront her about it and record the phone call tell her that you know she isn’t going to the meeting you were there and she wasn’t and see what she says other than that I don’t know what t tell you Good Luck
#3 by spankysgirl on February 10, 2010 - 4:58 am
Well, I know a woman who is in the “ex’s” position. It’s very hard to get into a rehab if you can’t afford it because all the low or no cost ones are full. The judge knows this and that is prob why she has been given leeway. But as for proving she’s using, you have to request drug tests at the hearing, but if you accuse, the burden of proof lays with you, meaning you’ll have to set up, pay etc. But as long as the judge feels she’s putting forth an effort he’ll continue to work with her. They don’t want the legal system jammed with addicts.
#4 by I'm a Riot. on February 10, 2010 - 5:27 am
A hair follicle drug test tells WHEN she took the drugs. Try that.
#5 by Cari J on February 10, 2010 - 5:49 am
sounds like you’re gonna need a lawyer, they’ll know what to do.
#6 by TLE_MGR on February 10, 2010 - 6:10 am
Technically what ever is going on with his ex, is irrelevant between the you and him and the children.
You an try to go to court over it.