(March 6, 2012 at 10:05 pm)Moros Synackaon Wrote: True, but reams of material evidence (photos of him force feeding minors alcohol, etc) still outweigh the simple assertion of her failing a drug test, which is material evidence.
The court would have access to the documents from her failed drug test. In fact, the guardian ad litem may even dig that up. However, again, if it already ended in a previous finding, they would not be able to bring it up in court again.
Quote:The claim that he was her drug dealer is irrelevant as the Law heavily penalizes dealers, so bringing it up in court is a foolish endeavor.
Yeah, I doubt it would be brought up, though it would be considered hearsay evidence anyway. They don't give a fuck about hearsay in probate court. Everyone is out to lie there anyway.
Quote:However, if he were to lodge the claim that Allie is smoking weed currently, a sympathetic judge may order a drug test.
The ad litem could even request one based on the fact that drugs were why she lost custody in the first place. I find it likely that she will be ordered to take a drug test.
Quote:If she passes, however, the father's case pretty much suicides summarily.
Oh, his case is likely to suicide no matter what, if there is all that evidence. Nonetheless, him losing custody doesn't necessarily mean she will get custody. The ad litem could suggest that the child be taken into state custody. It really all depends on the child's lawyer's findings.
Quote:He might be able to drag it out, but even then, material evidence and affidavits from police officers outweigh an old drug test.
Especially if that drug test has already been considered previously in the case.
