family law help? about my rights, and what happens when a parent fails a drug screening?

Question

I have court on tuesday, and need to know what to do, i just found out i failed a urine screening..?
And i have been the primary parent since my children were born, their father left for 4 years, and came back with what id call "Balls", to try to get SOLE custody...
We had our first court date, in which the judge was informed that he called CPS on me, but CPS did not even open a case. He told them im addicted to prescription medication, in which i do take due to being hit 2 x's in 7 months by drunk drivers , left me with 3 herniated disks in my neck, pretty painful, but manageable. My dr. gave CPS a letter explaining the medications, and i was issued two drug tests, hair and urine both times, 1st one i failed because they did not ask me if i was on ANY medication at all, so they all came up, after we established what i been taking, my second test , both in hair , and in urine, were clean?
And the weirdest part , , , , i had been coming up for Meth amphedimine?
Which when my ex said he wants me to get tested again, IN COURT, it came up again.. AND IM SO SCARED.
what can i do???

i KNOW im better fit to raise my kids than he is, i have a house for us, they have their own rooms, i buy ALL their clothes, food, etc, i had a prob. geting dad to pay child supp. and they barely got him last year, so needless to say, ive been doing it all, i take them to the dr.s, and he hasnt been to their scholls since they started, he missed my babies forst days of school, never broings them or picks them up. When the kids had to go with him because of the cps call he made, i had to give him ALL their clothes for school, it's been 1 year, and he hasnt bought them a single piece of clothing yet????
they live i a cluttered home, with his sister who has 4 kids, who recently tried commiting suicide in a bathtub while her kids were there??? Ill go insane if my kids go there just 4 me failing a test, ill beg the judge to let me have them 5 days and they can drug test me every day, just not sure if that would ake a difference???

Answer 1

Okay... first of all take a deep breath & then seriously consider the following.

Do you feel as though you are the better parent for your children than your kid's dad? If you feel you are... keep reading.

Are you stable enough to take care of them w/as much pain as you've been in?

Are their needs being met?

If you answer yest to the above questions then in court, calmly look the judge in the eye and ask for him/her to appoint a Guardian ad Litem to the case.

In a heated court battle for custody, often times the children are seen as possessions, instead of living breathing little humans with needs. Their needs are paramount, not the possession of who has them, who gets them, etc. They are not furniture for goodness sakes.

The GaL will be an impartial person who is there to see that the needs of the children are met. They are only there too look out for the children's best interest. They conduct an independent investigation if you will and then are responsible for reporting to the court their findings. Once appointed, they will continue with the children as their advocate until the matter has been settled.

Depending on which state you live, will depend on whether or not a GaL is appointed automatically as things progress.

Seriously, if you feel you're not being taken seriously, ask for a Guardian ad Litem for the kids. The judge will then see that you are all about what's in the best interest for the kids and not about possession. It will show the court that you are deeply concerned with what's going on.

Answer 2

I am an atheist, politically pro-choice but personally pro-life. I am pregnant right now with my fourth child. I go in for an ultrasound on Thursday, to screen for physical signs of Downs and other genetic anomalies. If the tech sees any physical manifestations, the doctor will order blood tests and/or an amnio to produce a definite result. My husband and I would never terminate the pregnancy even if the baby has Downs. No matter what, this is the child we created together and we love it and want it. I cannot imagine anyone terminating a pregnancy because it is not the child they imagined or hoped for -- the baby you make is your responsibility. We are happy to do the screening because if there should be a challenge presented to us by our baby's health, the sooner we can prepare for it the better. If we need to outfit the nursery for a special needs child, we will. We would also join support groups ahead of time and learn all we could from other parents. The idea of "culling" out undesirables from the gene pool is repulsive. We are not perfect as individuals, we are not perfect as a species. We are humans, and one of the greatest things humans can do is care for those who need it. .

Answer 3

this is weird but i just picked my cousin up from cps because they took him away from his parents after they failed a drug screen... pretty much here is your situation... if you seriously dont have a problem and you can get something signed by your doctor, you have nothing to worry about. on the other hand, if there is any possible way that they could prove you have a problem then you need to get a lawyer because they will either take your kids and put them in state custody or they will give them to their father... good luck

Answer 4

Some over the counter medications, like for a cold can come up as meth. I think Sudephedrine is one of them. Tell them everything you have taken, even if it was for a headache, allergies, cold, anything you have taken. I'll be praying for you. I hope everything turns out ok.

Answer 5

UH you NEED a lawyer.
I can't see them taking your children away if you have PROOF of the medications that you are on.
You have proof of the accident and the Dr. visits, so you need to bring all that to court.
UNLESS you are abusing the drugs, then shame on you, you shouldn't have the children.
But, I don't think you are. At least I HOPE you aren't.