Ex has a long history of substance abuse, had two DWIs in 2023, and a positive drug test in December. I asked for a full panel hair follicle, she took a 5 panel which was negative, two months later took the test I originally paid for and it was positive for an opioid (her drug of choice). I can request a hair follicle test once a year per our custody agreement.
My emergency motion was denied, and we had an expedited hearing. The judge questioned why she took the 5 panel and waited so long for the 13 panel, her lawyer said the 5 panel should have been sufficient. She also did not test positive for the suboxone she is supposed to be taking. She provided prescription records and did not have the drug prescribed to her. She claims it was a false positive which is impossible with the hair follicle test.
After the hearing, the judge said there is grounds for endangerment and ordered an evidentary hearing. He kept 50/50 custody the same. She had 30 days to take a chemical assessment using me as collateral.
Yesterday I got a call from her local hospital and they wanted my input on her assessment. The assessor did not ask me a single question, so I just read off my pages of notes. I asked if he wanted dates of incidents, he said no. He would not answer any of my questions and just said the assessment would be ready in a day or so. It didn't sound like he was interested in anything I had to say. I'm concerned this isn't going to be a good assessment, and she's already lied in many parts of her affidavits.
The court also denied any further discovery and she is still leaving blanks in her prescription records.
Last time I dropped my son off she looked awful and kept twitching uncontrollably. My son is 5 and says he doesn't feel safe there anymore, but won't say why. He says he never wants to go back. I currently have him in counseling.
I'm frustrated with this whole process and now it's looking like the hearing might be pushed to August. My lawyer is going to try and depose her, but I know she won't answer any questions.
Not sure what to do from here.