Legal Question in Family Law in New York

I filed for sole custody for my daughter. At the preliminary hearing, the judge ordered a drug test for me and my ex. I came back positive for marijuana. The appointed lawyer for my daughter requested for visitation with supervision for me. There's no way in hell i would engage in such arrangement. The next court date, i withdrew my petition for sole custody. My question is this...did i give up any legal right i have for my daughter? My name is on the birth certificate as the father. The mother never filed a petition against me. And, can i file another petition for physical joint custody....an answer would be much appreciated. Thank u


Asked on 6/27/13, 3:09 pm

1 Answer from Attorneys
Jordan Trager Wisselman, Harounian & Associates, P.C.

It sounds as though you may have gone in the wrong direction on this one. When you tested positive for marijuana you should have agreed to supervision and came back on the next court date and tested again. If your test was negative the next time you would have stood a chance of unsupervised visitation. The good news is that you certainly have not given up on your right to have meaningful parenting time with your daughter. If you re-file for custody or visitation they may ask for another drug test since you tested positive on the last one and/or they may request supervised visitation at the beginning. If you agree to this and if you also agree to do whatever else is asked of you (random drug testing, a class, etc.) and you come back negative on the next court date, you certainly can ask for liberal unsupervised visitation at that point. I would also highly recommend hiring a lawyer next time if you can afford one.

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Answered on 6/28/13, 11:22 am


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