Legal Question in Family Law in New Jersey

Ref: a hair follicle drug test

My ex-husband had his supervised visitation suspended back in Feb. 09, due to his failed hair follicle test for cocaine. He is taking me back to court, with failed hair follicle tests for cocaine, however he presents clean urine tests. He is seeking his visitations back with our 4 year old daughter. The Judge back in March 09 ordered him to have a CLEAN hair follicle test prior to entering a motion for his visitation returned. In his motion now, he is stating the positive hair follicle test is from a long time ago. His levels in April 09 where in the 7,500 & in May they came back at 4,200, he has a certification from a medical review officer that states a urine analysis is better and more effective than a hair follicle test! I am aware of the 90 day rule of a hair follicle test... my question is, do you think he has a chance of risking our daughters safety, if this Judge gives him yet, another chance? Even supervised he is still coming back positive for cocaine. He failed the hair follicle test in June 07, Nov 08, April 09, May 09 & now again July 09. Help please. I am very concerned for the safety and welfare for our daughter. Also, he is pending a criminal charge from Nov. 08 for posession of cds with intent to distribute, he is out on a bond for the same, I'm not sure when his arraignment is going to happen for this. Family services doesn't seem to think that is a problem, since when this happened, our daughter was not with him at that time. Please help.

Asked on 8/04/09, 12:46 am

1 Answer from Attorneys

Gary Moore Gary Moore Attorney At Law

Doesn't he get haircuts. I think that you need the assistance of an expert to resolve the issue

of the meaning of a hair follicle test.

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Answered on 8/09/09, 12:25 pm

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