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Old 07-15-2007, 03:44 PM   #1
Panicked Mom
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Unhappy Mom in need of info

Hi All ,

found this site and joined right away. Seems like there lots of people with questions and this seems like the best place to find the answers.

I have been smoking again for little over a year and a half. Started with once in a while, then went to daily then weekends only, back to daily and now I have stopped for over a month .

WHY??? My miserable X says he wants to have me drug tested so he can get my kids . His choice of tests will be the hair test.

What I need is ANY and ALL advice.

Thanks
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Old 07-15-2007, 04:02 PM   #2
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Originally Posted by Panicked Mom View Post
Hi All ,
found this site and joined right away. Seems like there lots of people with questions and this seems like the best place to find the answers.
I have been smoking again for little over a year and a half. Started with once in a while, then went to daily then weekends only, back to daily and now I have stopped for over a month .
WHY??? My miserable X says he wants to have me drug tested so he can get my kids . His choice of tests will be the hair test.
What I need is ANY and ALL advice.Thanks
Here you go.
Take your time. Try "searching" those forums with 'keywords' before you post. If you can't find what you're looking for then ask away.
There are a lot of very experienced, very caring people there to help you.

Good Luck with your kids...

http://www.marijuana.com/420/blood-hair-saliva-testing/

http://www.marijuana.com/420/urine-testing/
.
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Old 07-15-2007, 06:10 PM   #3
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The wheels of "justice" grind very slowly. You should be able to delay any court-ordered test long enough that you would be able to pass it. Hair tests only measure the last three months.

I don't think that your X would get to choose what kind of test you'd get if the test is forced on you. He's trying to rattle you. It's much more likely that the court would choose the kind of test. You could probably take a UA right now and pass it.

Buy yourself a home THC test and test the first part of the first pee of the day. If you get a negative on that, you're home free. If not, repeat the experiment using the dilution protocol outlined in these threads:

Dilution and aspirin-- the technique

DILUTION: tips, tricks and guidelines from N2

When you're sure you'd pass, you could get a lab test on your own and hand the results to the court.
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Old 07-15-2007, 06:31 PM   #4
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Unless your Ex can prove that you are a danger to your kids, marijuana use isn't going to get your kids taken away from you.
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Old 07-15-2007, 06:50 PM   #5
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Originally Posted by Darque Pervert View Post
Unless your Ex can prove that you are a danger to your kids, marijuana use isn't going to get your kids taken away from you.
That's not necessarily true. Courts have been known to take a parent's use of illicit drugs by itself as proof that they're a danger to their kids. In a child custody situation, there is no need to prove that a parent is a danger to their kids. The court only needs to decide which parent would make a more suitable guardian for them. If it were otherwise we wouldn't hear about this situation, where one parent threatens the other over marijuana use, so often.

In the recent Showtime documentary, "In Pot We Trust", one medical marijuana patient's primary fear is that she'll get busted and have her four kids taken away.
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Old 07-15-2007, 08:24 PM   #6
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That's not necessarily true. Courts have been known to take a parent's use of illicit drugs by itself as proof that they're a danger to their kids.
True, but realistically only in the case of other drugs. I highly doubt (in context of reasonably current times) that any Court is going to rule marihuana use in of itself proof that a parent is a danger and thereby rule custody to the other parent on that and that alone.
Quote:
In a child custody situation, there is no need to prove that a parent is a danger to their kids. The court only needs to decide which parent would make a more suitable guardian for them. If it were otherwise we wouldn't hear about this situation, where one parent threatens the other over marijuana use, so often.
There may be no need to prove one parent is a "danger" but in our current climate of drug hysteria the proof of one parent's use of illicit drugs (other than marihuana) will likely play a major factor. I would qualify that to add that should marihuna be just one of a number of other drugs that one parent is using then the consideration would not be marihuana specific but instead, all inclusive.

Quote:
In the recent Showtime documentary, "In Pot We Trust", one medical marijuana patient's primary fear is that she'll get busted and have her four kids taken away.
That may be, but I suspect the rational for this woman's story to be included in the documentary was more likely for the purpose of keeping the larger issue of medical marihuana in the viewer's focus.
If a given parent is residing in a State where Medical Marihuana is sanctioned and there is no proof of that parent being unfit then I seriously doubt the issue would be given any undue merit...
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Old 07-15-2007, 09:25 PM   #7
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True, but realistically only in the case of other drugs. I highly doubt (in context of reasonably current times) that any Court is going to rule marihuana use in of itself proof that a parent is a danger and thereby rule custody to the other parent on that and that alone.
From NORML:
Quote:
Because of harsh federal and state penalties, marijuana offenders today may be sentenced to lengthy jail terms. Even those who avoid incarceration are subject to an array of additional punishments, including loss of driver's license (even where the offense is not driving related), loss of occupational license, loss of child custody, loss of federal benefits, and removal from public housing.
From NORML:
Quote:
Nearly every week, NORML receives calls for help from parents nationwide whose children have been temporarily placed in foster care while family courts and social services debate whether keeping their children from them is “in the best interests of the child(ren.)” In response to this crisis, NORML has been researching state statutes on the termination of parental rights and can provide copies or references to local laws on the issue, and some referrals to local at- torneys and/or local ACLU chapters. Also, we are establishing a network of “experts” — including NORML parents who have been through this horrifying experience — to assist in providing legal, moral support and consultation for parents facing the removal of their children.
I would think that if they're willing to put children into the foster care system over parental marijuana use, they wouldn't hesitate to change custody from one parent to the other.


From NORML:
Quote:
State child protection agencies typically investigate all allegations of child abuse or parental neglect. If they determine a child has been harmed or is at risk of harm, the state may pursue two distinct courses of action. They may opt to provide assistance to the family to ameliorate the situation, or the agency may petition the court to authorize the child’s removal from the home. Although federal law mandates agencies make every effort to do the former, in cases where parents’ test positive for illicit drugs – including marijuana – the latter response is more likely.
Quote:
If a given parent is residing in a State where Medical Marihuana is sanctioned and there is no proof of that parent being unfit then I seriously doubt the issue would be given any undue merit...
In the documentary, the woman in question was not living in a Medical Marijuana state.
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Old 07-15-2007, 09:34 PM   #8
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Originally Posted by Panicked Mom View Post
Hi All ,

found this site and joined right away. Seems like there lots of people with questions and this seems like the best place to find the answers.

I have been smoking again for little over a year and a half. Started with once in a while, then went to daily then weekends only, back to daily and now I have stopped for over a month .

WHY??? My miserable X says he wants to have me drug tested so he can get my kids . His choice of tests will be the hair test.

What I need is ANY and ALL advice.

Thanks
Ask your lawyer to get it continued. Then start by not smoking, dah! Also have him delay the test with another delay, by then you should be in the clear.
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Old 07-15-2007, 09:35 PM   #9
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Originally Posted by Darque Pervert View Post
Unless your Ex can prove that you are a danger to your kids, marijuana use isn't going to get your kids taken away from you.
If the X has a good lawyer and he thinks she is getting too much support, it is the new fight.
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Old 07-15-2007, 10:26 PM   #10
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Quote:
Originally Posted by Buzzby View Post
From NORML:
Quote:
From NORML:I would think that if they're willing to put children into the foster care system over parental marijuana use, they wouldn't hesitate to change custody from one parent to the other.
The report which you cite is nothing more than a broad stroke, a generalization regarding prosecution by Federal and State law enforcement. There is no data specific to my contention.
BTW - The report states it was updated in 2006 but doesn't indicate which portion.

Buzzby, the item you next provide is over half a decade old (six + years). Read my post again regarding time line.

Additionally, while interesting and of course disturbing, there are no statistics cited in this article specific to my earlier comment whereby I state -
"True, but realistically only in the case of other drugs. I highly doubt (in context of reasonably current times) that any Court is going to rule marihuana use in of itself proof that a parent is a danger and thereby rule custody to the other parent on that and that alone."

Do you have any current statistics that are relevant to my statement per se?


Quote:
From NORML:
This article is not specific to the question of child custody in a divorce proceeding. And, like the report which I reference above is six + years old.
Given how quickly changes are occuring regarding the use of marihuana ,the article here while interesting, is both not pertinent to the OP's stated concern nor at all current.


Quote:
In the documentary, the woman in question was not living in a Medical Marijuana state.
That's unfortunate. I still maintain that if she has no other mitigating issues, the medical use of marihuana will not be a deciding factor re: custody.
You say she "was not living in a Medical Marijuana state"
Does that mean that she now is? Hmm, seems like there's something missing here.

Buzzby. You are the first one to require someone to provide backup data that is specific to their contentions. I would ask that you re-read my post and if you choose to respond again,
provide data specific to what I say.

And just an aside. The way you formatted your post was awkward in terms of one trying to respond. I know you didn't mean it that way. Just a heads up.
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