Hair Follicle Test Evidence

Summary

In Indiana family law, hair follicle test evidence must be certified, maintain chain of custody, and be relevant to the case. Procedural errors, such as lack of proper notice, can affect court decisions. If you believe evidence was improperly handled or introduced, consider filing a Motion to Reconsider or Motion to Vacate. The current parenting time order remains in effect unless the court rules otherwise. Seek legal advice for drafting motions and addressing procedural issues.

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Indiana family law
Hi ****! Could you please provide more details about your specific issue or question related to Indiana family law? This will help me give you the most relevant information.
Hair follicles test required by the other party and they have to prove it in court what must be showed in court
Hi ****! In Indiana, for the other party to use a hair follicle test as evidence in court, they generally must:
- Show the test was performed by a certified laboratory.
- Prove the chain of custody was maintained.
- Demonstrate the test's relevance to the case (e.g., substance abuse).
Do you have any other specific questions about your case?
If the other party files the motion before court and it isn’t until we reschedule for the next court hearing that I even heard about a motion being file is it a proceeding error taking evidence
It might be a procedural error if you were not given proper notice of the motion before the hearing. Generally, both parties are entitled to reasonable notice and an opportunity to respond to motions. You might want to check with your local court rules or a legal professional to explore your options.
Would you like more information on how to address this issue?
State of Indiana
Hi ****! Typically, in Indiana, both parties must be given adequate notice of any motions filed before a hearing. If you weren't notified, it might be a procedural error.
Would you like to know more about filing a motion to object or how to request a new hearing based on this procedural error?
Well I requested the motion discovery for the evidence because the evidence one that was submitted by the other party to try to get a hair follicle test was based over a lead checkup for a child and I was questioning about a dentist appointment that a dentist appointment office that my son didn’t even attend
It sounds like you have concerns about the motion and the evidence presented. In Indiana, you can file a motion to compel discovery if the other party has not provided the requested evidence. This motion can force them to provide the necessary documents and information.
Would you like more information on how to file a motion to compel discovery?
Evidence was submitted and accepted by the magistrate, but I was not notified that it was for the motion for the hair follicle testing. It wasn’t until we was rescheduling after that you don’t stand for the next hearing the magistrate just happened to ask the other lawyer you know, did he put in the motion for the hair follicle testing OK but he’d already took evidence before he even said anything
It sounds like there may have been a procedural error in your case. Typically, both parties should be notified of motions and have the opportunity to respond before any evidence is accepted.
Would you like to know more about how to file a motion to object to the evidence or request a new hearing?
so the magistrate awards the hair follicle test right but one after court also he award he awarded a temporary you know, temporary parenting time to the other parent now that was something that you know with argue with, but like to her follicle testing I didn’t even know that it was even granite because one my son‘s mother she got the temporary temporary agreement emailed to her. Mine was just do regular mail so it was like you know * */* weeks later when we had to be back in court. She tells me four days after we go to court that she was granted her follicle testing, and I had told her that no I can’t be true because it was just at the end of court when even know anyone that the motion was filed before courtwas representing myself The magistrate and her lawyer was working together because there’s no way that the evidence was altered. You know I had said something that when the wind, my son‘s lawyer, my son‘s lawyer presents to be with her evidence well they don’t have a stack of evidence, but it was all over the place. It wasn’t authenticated. You know it was against the rules of evidence put the magistrate steel try to accept his evidence that I told him was altered. I found the most of him vacated he didn’t did on October * we had court that was late so they went ahead and water her parenting time so you know to the point where he wanted me to know I’m at to file a continuance to come back in the court to continue parenting time, but instead of my motion to vacate the follicle testing based on everything that I was, you know, accused of the lead checkup that you know when I go in my son‘s medical record showed it. It was discussed with his pediatrician that the childhood risk I haven’t showed that in the evidence that The Pippa diddle that I was getting question about one it was my son‘s mother. It was in her email with her name. It was in her email with her email address everything else on it. She got out of jail like seven days before she got an email reminder, but she’s all supervised visit And you know the Indiana parent guidelines she should’ve been held in contempt for setting up an appointment the first place because it’s not an agreement for her to do that he didn’t do that either so instead of vacating the order the magistrate turns around and want to try to switch it around at this time to about well since the father didn’t submit a hair sample that now here comes to court and turn around and asked for the same thing again You know after the point that you saying that you know to get this test why I file the most stay on it based on the appeal, but I didn’t make the 30 days to get you know I exceeded my time and try to write the letter to appeal so my sons mother’s lawyer Did me a favor. He turns around and filed a verified con attempted information for the hair follicle testing as of right now I asked for continuance because I filed for the motion discovery cause I wanted all the evidence to be you know give it to me cause I had to file the motion for motion the way fees, cause you know go to hardship, but you know I asked the magistrate to you know what I’m saying to the most of discovery needed needed the evidence so I could prepare for a fair trialnow I know Good well that evidence I’m pretty sure I know what I’m gonna see. The evidence is that it’s alter moving forward. Once I get this evidence I know it’s gonna be altered so what would be the thing to file at that time motion to reconsider but you know due to the fact that the magistrate is gone twice over I don’t know if he’s gonna try to consider it, but will be the best you know approach doing that
It seems like there have been several procedural issues in your case. Once you receive the evidence, if you believe it is altered, you may consider filing a "Motion to Reconsider" or a "Motion to Vacate" the order based on the new evidence.
Would you like more information on how to draft these motions?
Well I think that you don’t say they’re cause what is that there’s a lot of proceeding orders that’s that was messed up the original filing OK Cuz back in the summer I filed the verified petition to modify without an agreement their attorney files for petition to modify parenting time with a concept of information, but there was no evidence submitted with the contempt informationyou know I guess in court he was gonna try to take evidence, but that’s not fair. You know I’m the casino because how could you get an information? You know I guess in court he was gonna try to take evidence, but that’s not fair of you know I’m the casino because how could you get a information without submitting evidence so when I got served, there was no evidence attached to you know saying to the service notice that I got when I got served by the sheriff all I got was a piece of paper just stating based off third-party allegations coming from her
It sounds like there have been multiple procedural issues in your case. In Indiana, if you believe evidence was improperly introduced or you were not given proper notice, you may file a "Motion to Reconsider" or "Motion to Vacate".
Would you like more details on drafting these motions or any other aspect of your case?
That this was all because one me and my son‘s mother never had a conversation about a lead check up what she did was it one on the top of a piece of paper it said Google photos on the top. None of the so-called text messages were in text message format, lead, and dental with highlight of the message search were you type in one word in your text messages and it just highlights every word every time you ever said that word every time a conversation but that’s what it was in her. Her evidence leg was still highlighted, and it was highlighted the two things that I was getting question about were you know they would because if you know if you if you open the messages up, you know it would be highlighted, but they were still highlighted so it has been. They have been cutting paste. You don’t on a piece a piece of paper
It sounds like you have several concerns about procedural errors and evidence handling in your case.
Would you like more information on how to draft a "Motion to Reconsider" or a "Motion to Vacate" based on the altered evidence and procedural issues you've mentioned?
Well I have to wait for you know what I’m saying right now I’m bout to check with The with the county clerks. I’m just trying to see you know I asked you know for them. I found the motion you know Saturday for you know the evidence so I’m about to check and see if it was sent to my email. If the email it to me if not, I’m about to call the clerk you know what I’m saying and see how I get that evidence so we can file the most concerned because I was supposed to go to court. We postponed it because because her lawyer wanted to get paid the fees because that’s what he wanna do. He tried to take me to court for verified contempt of information on a hair follicle test, cause I didn’t take it you know what I’m saying so what I did was, I have filed the motion. It’s because I said I need you know type of a pair and you know filed the motion of discovery because I wanted the evidence to prepare for you know for the case because you know before I go back in I need that evidence But what I’m gonna do what I will need is this you know one I’m gonna have to find someway to prove to him, but you should already know rule of evidence that needs be authenticated. He be you know irrelevance is a lead checkup, you know, and a dentist appointment that should be contempt because by the Indiana parent guidelines with me having full custody and she was on supervised visits why was her attorney question me about a dentist appointment that I didn’t set up that she must’ve set up Why didn’t he? You know what I’m saying that’s what I wanna know. Why was it not due process why was you saying that the magistrate do process toward me as far as not upholding the law because being a full custodial parent, I should not be getting questioned by law or something that was not stated in the agreement she was in the agreement, she is not you know it. She’s not allowed to do none of that because it was not in the agreement with stating that she can Set up appointments and stuff you’re supervise visits.
It sounds like you have several procedural issues and evidence concerns in your case. Once you receive the evidence, you may consider filing a "Motion to Reconsider" or "Motion to Vacate" if you find it altered or improperly handled.
Have you received any updates from the county clerk regarding your motion for discovery?
Well you know there is a lot of errors and you know that’s the reason why I was trying to explain to my son’s mother that if he does not vacated or reconsider and he still wants to proceed on because he’s trying so hard to get me stuck on that evidence because the evidence was not evidence of relevance OK a lead check up for a child when you know they win what they did was they went to my son‘s medical chart OK and will you look in there? It says of things that were overdue but there’s something just didn’t update. You know I’m saying like you know my son’s had all his shots but if you sometimes if you go there and look, it’ll say that you know that the shots have you know haven’t been updated so I had turned around and I’ll let them know and plus it’s a late check up. I mean, it’s not like it’s something of something serious concern enough to warrant a hair follicle test or a dentist appointment you know what I’m saying for a child like you know, but I think what else happened was is that you know he turns around when he raise his temporary agreement he turned around and he showed he was very biased against me because you know they go in here you know with her back against a while because she thought it was some. You know some concerns about her doing some incest cause she was so her lawyer wanted to smoke screen and he was ending arguments even though you know I’m saying I was you know she was granted for the most of you know I was tardy, but he turned around a man and you know he Grant or temporary and then it turns around to be permanent but do so fact that her attorney brings it back up because I’m about to file the motion to continue back on parenting time on my or my my verified modification to you know basically it’s been her parenting time because now just got to the point where she she’s lied and made things worse, but the magistrate has failed and upholding the law because the guideline is a Indiana law that should be uphill because in court Here it is one they wanted to want me to pay half the fees his attorney fee fees, but I wouldn’t be taking a hair follicle test, but who’s what makes it worse. She was in court and opens her mouth being a non-custodial parent that was doing supervised visits. Talk about how she didn’t want to communicate this other You know I mean, you don’t want to portray like it was something like like she’s been harassed and stuff, and in his temporary order, you know the magistrate tried to violate my rights cause he started talking to me as though you know in this agreement that the only time I’m allowed to talk to her is only if if it was you know based about the child And this is it like criminal court this is family law and I can talk to you about anything if I was harassing or something like that it didn’t happen you know that you can file a protective order against me. I don’t do with family lol so I don’t know why he was overstep his boundaries as a magistrate and family law telling me what I can talk to about cause I talked about anything as I cannot talk to her about anything. He only has to be about kids so I don’t know why he put that in her as though you know what I’m saying, you know that’s my excuse my right
It seems like you have multiple concerns, including procedural errors and evidence issues. In Indiana, you may want to consider:
- Filing a "Motion to Reconsider" or "Motion to Vacate" based on procedural errors and improper evidence handling.
- Seeking legal advice for proper drafting of these motions.
Have you received any updates from the county clerk regarding your motion for discovery?
Well my question was was just that you know just trying to you know. Make sure everything you know good as a bunch of proceeding or errors OK now as of right now as far as parenting time like I said, I’m gonna have to file the motion it has happened in October but he file for the he opened it, but do the fact that her attorney wanted to try to take me back to court for the verifying information. I was just kind of waiting on this Evidence so cause I didn’t wanna run together because if I turned around and do parenting time right open up continue parenting time that I didn’t wanna sit there and have the battle with him in court, focusing on a contempt of information because one question
It sounds like you've experienced several procedural and evidence-related issues. In Indiana, for cases like yours, consider:
- Filing a "Motion to Reconsider" or "Motion to Vacate" based on procedural errors and improper evidence handling.
- Seeking legal advice to ensure accurate drafting of these motions.
Have you received any updates from the county clerk regarding your motion for discovery?
I have a question to ask you what happens if if I filed you know for a continuance on the parenting time case since she was awarded parenting time on October * because I was I was late if I file the motion for continuance in that on her parenting time does she still have her parenting time or does she go back to the supervise visits until it’s finished
If you file a motion for continuance in the parenting time case, the existing order (granting her parenting time) generally remains in effect until the court rules on your motion. This means her awarded parenting time would continue unless the court decides otherwise.
Have you received any updates from the county clerk regarding your motion for discovery?
so you’ve got to eat if I filed the motion continuous or the parenting time so she’s so if I have most of the parenting time because I was tardy on October * and had water parenting time approach time still in effect or did she go back to supervise visit until we end this case
If you file a motion for continuance, the current order (granting her parenting time) usually remains in effect until the court decides on your motion.
Have you received any updates from the county clerk regarding your motion for discovery?
so what do you mean like you mean are you are you so like the most continuous if they grant my motion continuous which they should because one parent time was granted without the full custodial parent, you know be there and there was some serious concerns of incest, family incest. OK it’s just it. I’ll start running into some hardship and then all this and then trying to deal with this they kept trying to keep me busy you know running me a circle with his hair follicle test because for some reason he want to stay on it. I just wanted to try to get this evidence you know I’m at the right motion of continuous to get it done by this week so I can get that submitted cause I’m bout to get back into court
To ensure your motion for continuance is properly filed, consider the following steps:
- File a "Motion for Continuance" promptly with the court.
- State the reasons for your request, including procedural errors and lack of notification.
- Gather and present any relevant evidence to support your motion.
Have you received any updates from the county clerk regarding your motion for discovery?
Well I was told back in October * no October * that I can come back to the court I just need to write a letter but as far as like do some affected parenting time do the simple fact that the magistrate did not speak to the full custodial parent and you granted parenting time to the other parent that alone is enough reason to you know Grant the motion Because of affected how can you say in the best of a child you may you know you did the right thing without even speaking to the other parent
Since you're facing multiple procedural issues and concerns about evidence handling, it's important to address these properly.
To clarify your situation, have you received any updates from the county clerk regarding your motion for discovery?