How do I prove my ex has our son around drugs?

Question

I am getting ready to go to court for modification of custody. Summary of case: he lives with his mom, she moves constantly usually lives with many other people, one in particular is on drugs, her mother who is around my son is on meth. Her new husband is a 2 time felon, CPS investigates but has only removed him for one night after her husband left his handprint on my son. Lately the are secretive, won't allow me to call, only see him on my weekends, my son tells me he cannot talk about being sad over there but he wants to live with me, his mother and the school have had behavior issues with him for the last 4 years, I have not, he's 6, problem is how do I convince a judge of all this??? I know I have burden of proof. I have journals and police report of the bruising, she has admitted to me of a couple people on drugs. Does a judge only consider recent things or all changes since the court order that was 6 years ago? I do have an atty, he is just hard to get a hold of.

would he have any traces in his system if he is merely around people that consume meth? That is our obstacle, we need to prove that they are on meth.

Answer 1

Get a better atty as this is a serious matter and he doesnt seem all that interested. Definitely go thru with the custody remod. hearing. You will need all the evidence you can get hold of and any witnesses to any of this. Notify your localpolice narcotics unit and explain them the situation and let them sort it out. The judge will want any recent police findings so this will save time. Please dont go into court with hearsay as this will only hurt your case. You dont want to convince the judge, only present the evidence pertinent to your case and let the judge decide for himself. But I would definitely fire your attorney and get one more interested in your case or youll waste your money and get no help at all, and thats not a good thing here. Good luck

Answer 2

Get a court order to make him have a drug test. This should prove once and for all that he is on drugs. Go for full custody of your son in this case as you dont want him around drugs and that kind of environment. You have to tell a lawyer about all of this and that he will not let you call his house. I wonder if there is drug trafficing goin on in his house and that this is why he may not want you to call the house. Try showing up sometime and just knocking on the door and see what happens. Tell your lawyer everything you have told us here and see what advice and help they can offer you for a case in court. Good luck to you.

Answer 3

The court will listen to u and modify the orders if there is change of circumstances since the order was last passed. U cud also advance ur case based on facts which cud not be taken into consideration at the time of earlier order if such facts cud not be adduced due to ur not being aware of them.

Answer 4

I hope you can get your son away form this behavior and out of that environment. You do need to talk to your attorney or if he has a paralegal in the office, maybe they can be of some temp. assistance. I would hope that the judge would take the child in his chambers and talk to him.....but if the child has been threatened in any way he/she will not talk for fear of being hurt again. It needs to be investigated, and from all that you say, the child does not need to be there. Children need stability....with stability comes security. you need to make your child feel very loved and special.
I wish you the best

Answer 5

All I can say is good luck! Sometimes it seems the system doesn't even care. And if it does it moves so slow that they seem not to care anyways

Answer 6

Take him to the Doc and get a drug test....it stays in your system for days

Answer 7

put some under his car seat and call the law lol

Answer 8

seriously,.. no joke,.. call Dr Phill,.. it amazes me how no one is able to do 'anything' for this child,.. i would scream as aloud as i could to anyone that would listen if it was my child,..