This is the next article in my series on the question of “can a parent lose custody for drug use?” My last article explained why the Court will change custody when a parent uses drugs. It is important to understand that the Court’s only concern in a case is for the best interests of the child. Retaining an experienced attorney can help you to understand how Courts address such situations. In this article I will be discussing the process involved in modifying one’s current Court Order. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
Changing child custody in Brevard County will begin with the filing of a Supplemental Petition and attending mediation
The first step in modifying child custody in Florida is to file a “Supplemental Petition” with the Court. This is a document in which the requesting party will state why they are making the request, what the new custody arrangement should be, and why the proposed change is in the best interest of the child. If the matter is being heard in Brevard County then the parents will generally be required to attend mediation as part of the process. If the matter is an emergency, as are most cases involving drug use, then the Court may hear the matter on an expedited basis. The Court will hold an initial hearing which will consist mostly of oral arguments from the attorneys for each side. Absent objective evidence of drug use (such as an arrest) the Court will typically order that the other parent take an immediate drug test.
If the accused parent’s drug test comes back positive, then the Court will typically make an immediate change in child custody. A trial date will also be set to determine if this change should be made permanent. In most instances, the offending parent’s visitation will be supervised while the case proceeds. Each side will then have an opportunity to conduct discovery in order to accumulate evidence that is needed for trial. If a settlement is not reached in the matter, or if the Court does not otherwise conclude the matter, then the case will proceed to a bench trial. The Court will issue a final order after trial and the parties will be required to abide by it. In matters involving drugs, the Court may also require periodic “status checks” after the case is concluded.
Retain a Melbourne child custody lawyer if you are concerned about parental drug use
Navigating the legal system can quickly become complicated. If the rules of procedure are not followed then it may be difficult to get your matter before the Court. Moreover, if the case proceeds to trial then it is important to understand that the rules of evidence will be enforced. Failing to follow these rules can result in the Court not hearing vital evidence or in the Judge considering evidence which should have been excluded. Having an attorney helps to ensure that you are following the proper procedures and that you are making the best possible case to the Judge.
If you or a loved one are involved in a family law dispute then contact my office today to speak with a Melbourne child custody lawyer. I am a former prosecutor who is well-versed in taking cases to trial. I devote my practice to the handling of domestic relations matters and my firm will give your case the attention it both needs and deserves. Contact us online or by telephone for an initial consultation. 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.