This is the next article in my series on whether parents in our area can lose custody of their child due to drug use. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you find yourself in a family law dispute. It is important that you contact counsel sooner, and not later, as waiting to bring the matter to the Court may be seen as one not considering the matter urgent. This article will discuss why Courts will change custody due to the use of illicit drugs. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
Florida Courts will change custody over parental drug use as it is not in the best interests of the child
I have previously discussed the fact that the Court focuses on a child’s best interests in a custody case. Factors which Courts consider when determining what is a child’s interests include, but are not limited to, a parent’s mental and physical health and their ability to provide a supportive environment. It goes without saying that when a parent is impaired, and engaging in the other type of activity typically associated with drug use, then they are not able to meet the child’s needs. When matters involve the use of “hard drugs,” such as heroin or methamphetamine, Courts are unlikely to show any leniency towards a parent. This is true even if they are holding a job, have stable housing, and are otherwise living a functional life.
Consider the following example. Jack and Jill are Florida parents and have a ten-year old daughter and they share joint custody. The child is doing well in school and is otherwise well-adjusted. Jill alleges to the Court that Jack is using heroin. The Court will likely order that Jack take an immediate drug test. When the test results come back positive, the Court is likely to grant Jill primary custody of the child and Jacks’ visitation may very well be supervised going forward. Jack would likely only have this supervised visitation until he is able to show the Court that he has been clean for a prolonged period of time. This would likely include passing a series of drug tests over a period of time, among other things.
It is important to contact a Melbourne lawyer immediately if you believe that the other parent is abusing drugs
If you believe that the other parent of your child is abusing drugs then it is crucial that you contact an attorney as soon as possible. Waiting to contact counsel means a delay in getting your case to Court. This, in turn, can result in the other parent “getting clean” long enough to pass a drug test, only to return to drug use once the matter has concluded. Also, if a parent alleges that drug use has been going on for a long period of time, and has waited to come to court, then the Judge is likely to question why the other parent did not raise the issue sooner. By retaining counsel as soon as possible, one can avoid these issues.
If you believe that the other parent of your son or daughter is using drugs then contact my office today to speak with a Melbourne child custody lawyer. My office practices solely in the area of family law and we will give your case the attention it deserves. This includes making sure you know what to expect as the process moves forward and ensuring that we are available to answer your questions. We look forward to speaking with you. We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.