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Judge Orders Hair-Follicle Drug Tests, Appoints Guardian ad Litem and Sets Counseling After Emotional Child Testimony; temporary placement adjusted
Summary
After emotional testimony by the eldest child, the chancery judge ordered extended-panel hair-follicle drug tests for both parents, appointed Lane Coffinberry as guardian ad litem, and directed a Rule 35 evaluation; the eldest child will remain with the father while the two younger children follow a week-on, week-off schedule with the mother pending further proceedings.
After hearing emotional testimony from the parties' oldest child, the chancery judge ordered both parents to submit to an extended-panel hair-follicle drug test, appointed a guardian ad litem, and directed a Rule 35 evaluation to assess concerns raised by the pleadings and testimony. The court also ordered family counseling and adjusted temporary custody arrangements while the court completes further factfinding.
The judge said the oldest child had been "very emotional" and described allegations that warranted immediate screening and investigation. The court ordered both parents to provide hair-follicle testing and appointed Lane Coffinberry as the guardian ad litem for the children. The judge explained the Rule 35 evaluation would help identify whether there were outstanding issues that should affect custody or visitation.
Temporarily, the court directed that the oldest child remain with the father and that the two younger children resume a week-on, week-off schedule with the mother pending further proceedings. The judge also instructed counsel to include a prohibition in the order against either parent making derogatory remarks to the children about the other parent or about significant others.
The court discussed scheduling and set a further hearing date for Dec. 5 (a chancery docket day) to continue the matter and review results of testing, the Rule 35 evaluation, and progress on counseling. Counsel was directed to circulate a proposed order reflecting the temporary placement, testing requirements, the guardian-ad-litem appointment, and the counseling directive.
