This article is being written to begin a series on the issue of proving parental drug use in a Melbourne, Florida child custody case. I consider it important to write on this topic due to the fact that, for obvious reasons, parental drug use can pose a danger to a child. Making unsupported allegations, however, can actually hurt one’s case more than it may help. It is important, therefore, to have a plan as to how the allegations will be proven. I am writing this series to provide information which people may find useful. I am also writing these articles to provide information which can assist with the selection of an attorney. If you are in need of assistance then contact my office today to speak with a Melbourne lawyer.
I will be addressing several topics over my coming articles. Issues which I will be analyzing include:
- When Courts may require immediate drug testing
- Proving ongoing drug use through discovery
- Bringing a case to Court when one parent has been arrested for drugs
- The potential consequences of making unfounded accusations
I am addressing these particular topics for a number of reasons. First, Courts will often require immediate drug testing if a parent makes a credible accusation of drug use. This can lead to an immediate change in custody with a trial being set to determine a more permanent situation. Second, depending on the facts of the case, it may be important to show that drug abuse has been occurring for some time. The discovery process provides tools for gathering necessary proof. Third, when a parent has been arrested for a drug-related offense, then the proof can be obvious. Knowing how to proceed, however, remains important. Finally, making unfounded allegations can actually result in the accusing parent losing time with the child.
A point I will be stressing in each of these articles is that one should contact an attorney as soon as possible if they are worried about the safety of their child. It is important to speak with counsel immediately as waiting to do so can result in the Court questioning whether the situation is actually an emergency. As a Melbourne child custody lawyer, I am familiar with the handling of such matters. If you require assistance then contact my office today to schedule an initial consultation. I look forward to speaking with you. We also serve those in 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.