This is the next article in my series on whether parents in Melbourne, Florida can lose custody of their child because of drug use. My previous article discussed the importance of parents immediately requesting a change in custody orders if drugs are involved. Urgency is key when it comes to the safety and well being of children. It also addressed how important it is to secure trusted legal counsel as soon as possible if you are facing a situation that requires a modification. This article will address what Melbourne parents should expect in the legal process of a child custody case involving drugs. Contact my office for an initial consultation if you or a family member needs to speak with a lawyer.
The request for change in Florida child custody begins by filing a Motion
Filing for a change in Florida child custody is often necessary when one parent is engaging in drug use. There is an increased risk of harm to a child when exposed to an environment with substance abuse. The first step is filing a Motion with the Court. This Motion serves as a formal request to modify an existing order and should include evidence of the alleged harmful drug use. The Court will schedule an initial hearing once the Motion is filed. A lawyer can request that the process be expedited due to the sensitive nature and risk of harm. The initial hearing is not a trial and rarely results in a permanent custody decision. The purpose of the initial hearing is to identify if there is enough evidence to warrant a change and whether the situation requires a temporary change in custody awaiting trial.
The Court can deny the request at the initial hearing if there is not enough evidence that a problem exists exposing the child to potential harm. A denial of the Motion leaves the existing child custody arrangement the same. The person filing the Motion should retain an experienced attorney to help make sure this result does not occur where there truly is a problem warranting a custody change. The most common outcome of these initial hearings is that the Court schedules a trial date where a permanent custody decision will be made. Because illegal drug use has the potential to cause harm to a child, the Court may modify the custody order temporarily pending trial. The temporary change could involve supervised visitation, which allows a parent to see their child in a controlled setting with a third party present. Such an arrangement would be suitable for a parent whose drug use poses a risk to the child, but not so much to cease all contact. The Court has the best interest of the child in mind in child custody proceedings, which is evident by how quickly matters are handled. Alternatively, the Court could make a permanent custody decision without taking the case to trial, however this is rare. An example of this would be if the accused parent is incarcerated and therefore, unable to care for the child.
Discovery and trial may be necessary in child custody cases which do not resolve early
The discovery phase begins shortly after the initial hearing. Discovery involves gathering evidence to support one’s case. It can involve subpoenas for medical records, drug tests, gaining testimony through depositions, and more. A family law attorney can assist in building a strong case about whether a custody change is the best thing for the child. If you or a loved one shares a child custody agreement with someone who is using illegal drugs or struggling with addiction, the time to act is now. Contact my office to discuss your situation and get the process started. A Melbourne child custody lawyer can explain your legal options and what the process may look like for you based on your specific circumstances. Our lawyer 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. We look forward to serving you.