This is the next article in my series on whether Melbourne, FL parents can lose custody of their child because of drug use. My previous article addressed how parents could go about changing child custody due to illegal drug use or addiction. It also pointed out how important it is to reach out to an attorney as soon as possible if you are experiencing a situation warranting immediate action to protect a child. The Court may not see the circumstances as warranting urgency if a parent fails to act promptly in requesting a modification. This article will discuss why parents should take action as soon as possible and address what can happen if such action is delayed. If you or a family member needs assistance then contact my office to speak with a lawyer.
Melbourne parents should request to change custody immediately to demonstrate that the situation is urgent
Facing the reality of shared custody with a co-parent using illegal drugs may be terrifying. It is critical to begin the legal process as soon as possible to protect the child and also to show the Court that urgency is needed. The parent making the request must demonstrate that there has been significant changes since the last order to modify an existing court ordered custody arrangement. The circumstances must have changed in a negative way that could harm the child if the situation is not corrected. Generally, Courts and the legal system as a whole place the safety and well being of children as a priority. A Melbourne parent shows the Court that the situation requires prompt intervention by seeking a modification as soon as they notice a significant change. Courts may hear cases which involve drugs on an expedited basis because of the potential of harm to children.
The process of requesting a custody change involves filing a Motion with the Court. This Motion should outline the reasons for a modification along with evidence of the other parent’s drug use or addiction. Examples of evidence that could be used to establish drug use include social media posts or texts, witness testimony, records of drug-related offenses, and more. The Court will schedule an initial hearing once the Motion is filed. The date for this hearing may be expedited if the situation warrants it. An initial hearing determines whether the request is denied or whether a modification is potentially warranted. The Court will typically order the parent accused of drug use to take a drug test immediately. A temporary custody change may be made immediately if the result is positive. Any changes made at the initial hearing will remain in place until a more permanent arrangement is issued by the Court. The Court will then schedule a trial date so that a final disposition may be reached.
What can happen if Melbourne parents delay bringing a drug-related child custody case to Court
Choosing to delay the process of requesting a custody change can lead to several complications with potentially serious consequences. The longer you wait to bring the request to the Court, the more time the drug-using parent has to manipulate the situation. They could either get clean temporarily in order to pass a drug test or hide evidence. Maintaining custody of the child despite drug use could establish a stronger argument for stability, making it harder to successfully get a new arrangement. Additionally, the emotional and physical risk to the child increases the longer they are in the care of a person using illegal drugs. The Court is more likely to believe that the situation is urgent if you take immediate action in such a situation.
It is normal to dislike confrontation and perhaps be weary of creating conflict or exacerbating an already contentious situation. But delaying matters where immediate action is necessary could actually cause more harm over time. Contact my office if you or a loved one is dealing with a custody arrangement where a parent is using illegal drugs. I am a Melbourne child custody lawyer who could help you present your case as best as possible. Contact me online or by telephone for an initial consultation. I look forward to speaking with you. My firm also services 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.