High Net Worth Divorce
Protection For Your Children
Domestic Abuse

Custody Battle: father accusing me of smoking weed

Q: Hey thanks for reading my question,
A quick bit of background.
I lived with my child’s father and his family from 4months pregnant until he kicked me out when the baby was 5 weeks old.
After I got sanctuary from him in domestic violence shelter he went on to accuse me of neglect and using weed and called ACS and reported me. ACS followed up did a drug test it was found negative as I was still breastfeeding and not stupid enough or selfish enough to smoke during this time.
now baby daddy is suing me for custody/visitation.
In the court papers I was given he claims I don’t use the child support or public assistance I get for our daughter and in fact I spend it on weed and that I have a substance abuse problem… This is completely untrue, although I have smoked weed recreationally in the past and have even asked him for a small amount previously.

if I am tested again I will test negative but my question is will the case be thrown out due to his false claims?
or will I have to go through regular and random tests from now on? smoking weed is not a big factor in my life but I’m worried if he makes false claims again this will stay on my record and ACS will forever b involved

A: David’s Answer: The Court could potentially direct ACS to do testing, but ultimately if that’s the only basis for his petition & you test negatively, I’d agree the petition should be dismissed. And with the dismissal of the petition, ACS would not “stay in your life.” Schedule a consult with a Bronx Child Custody attorney for a full assessment.

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