Custody Modification After Drug Test

Summary

If a parent fails a drug test affecting visitation rights, you can file a motion to modify the visitation order. Document the failed test and consult a family law attorney for guidance. In Texas, you can represent yourself in court, known as pro se representation, but legal representation is beneficial. Ensure you understand court procedures, prepare documents accurately, gather evidence, and follow court etiquette.

Full Conversation

I received sole custody of my daughter and the father was granted supervised visitations under the circumstance that he passed a drug test. He failed so what do i do now?
Hi ****,
I'm sorry you're going through this. Here are some general steps you can consider:
- File a motion to modify the visitation order due to the failed drug test.
- Document the failed drug test and any other relevant information.
- Consult with a family law attorney for specific legal advice.
Have you already informed the court about the failed drug test?
They received documentation from his lawyer last week.
Hi ****,
Thank you for the update. Since the court has already received documentation of the failed drug test, you may consider these steps:
- Follow up with the court to confirm they received the documentation.
- Request a hearing to discuss modifying the visitation order.
- Continue documenting any relevant information.
Would you like more information on how to request a hearing?
Yes
Hi ****,
To request a hearing in Texas:
- File a "Motion for Hearing" with the court that issued the custody order.
- Include details about the failed drug test and the need to modify visitation.
- Serve the motion to the other party.
- Await the scheduling of the hearing.
Would you like more specific details on how to file the motion?
Yes
Hi ****,
To file a "Motion for Hearing" in Texas:
- Obtain the motion form from the court’s website or clerk's office.
- Complete the form with necessary details about the failed drug test.
- File the completed form with the court clerk.
- Serve a copy to the other party via certified mail or through a process server.
- Await the court's response for hearing date.
Would you like more information on obtaining the motion form?
no thank you
Hi ****,
If you have any more questions or need further assistance in the future, feel free to reach out. Best of luck with your case!
Take care.
Do i need a lawyer to file a motion for hearing?
Hi ****,
In Texas, you do not necessarily need a lawyer to file a motion for a hearing. However, having legal representation can be beneficial to ensure all procedures are correctly followed and to strengthen your case.
Would you like more information on representing yourself in court?
Yes
Hi ****,
Representing yourself in court in Texas is known as "pro se" representation. Here are some key points to consider:
- **Understand Court Procedures:** Familiarize yourself with court rules and procedures.
- **Prepare Your Documents:** Ensure all forms are correctly filled out and filed.
- **Gather Evidence:** Collect all relevant documents and evidence to support your case.
- **Court Etiquette:** Dress appropriately and be respectful in court.
Would you like more information on any of these points?
Yes
Hi ****,
To represent yourself in court in Texas, here are some additional details:
- **Understand Court Procedures:** Familiarize yourself with local court rules, which can usually be found on the court's website.
- **Prepare Your Documents:** Double-check all forms for accuracy and completeness before filing.
- **Gather Evidence:** Organize your evidence logically to present a clear case.
- **Court Etiquette:** Arrive early, dress professionally, and address the judge respectfully.
Would you like more specific details on any of these points?