This is the next post in my series on proving drug use in a Melbourne, Florida child custody case. My last article discussed that Family Court Judges may require drug testing when a parent is accused of using illegal narcotics. If the results of such a test are positive, then Courts will often be quick to make a custody change. There are times, however, where it may be necessary to prove that the drug abuse has been going on for some time. This can especially be true if the accusations involve excessive use of medical marijuana or prescription narcotics. This article will discuss the use of the discovery process to prove one’s overuse of such narcotics. If you are in need of assistance then contact my office today to speak with a lawyer.
Florida parents can use discovery to obtain bank records, medical information, and more
There are situations where a Florida parent may be using prescription drugs to excess, with such use impacting their ability to care for the child. Examples of this can include a parent utilizing marijuana while they are meant to be caring for the child. It can also include a parent taking prescription medication well in excess of their expected allotment. A parent may be going as far as to engage in drug-seeking behavior (such as forging prescriptions or obtaining such medications illegally). In such a situation, it may be necessary for the other parent to prove that this conduct has been going on for some time. The discovery process provides tools for obtaining evidence of past behavior.
Discovery provides several tools for obtaining information during litigation. It is possible to obtain medical records, telephone bills, financial records (such as bank statements), and to depose witnesses. This means that, for example, it is possible to obtain the medical records of a parent who is alleged to be abusing prescription drugs. If the records show that they are excessively refilling their prescriptions, then the overuse of medication can be obvious. If a blood test shows that their drug levels are higher than what would come from a normal prescription, then it may be possible to show that they are illegally purchasing narcotics elsewhere. Evidence of such activity can be records of ATM withdrawals and more. The type of discovery needed in a given case will always depend on the specifics of the situation.
Retain a Melbourne child custody lawyer if you need to prove ongoing drug use by the other parent
Retaining an attorney is an important step towards ensuring that you have needed evidence in a child custody dispute. The discovery process can be highly complicated and if proper procedures are not followed then the other party may not be required to answer your requests. Failing to properly conduct discovery can, in turn, result in one not having needed evidence at trial. This can be highly detrimental to the outcome of a case for obvious reasons. Having counsel to assist with this process can help to protect the rights of a parent and the well-being of the child.
If you are in need of assistance then contact my office today to speak with a Melbourne child custody lawyer. My office practices exclusively in the area of family law and we work to provide the highest level of service to our clients. I will give you an honest assessment of your situation and will work to chart the best path forward. Contact us online or by telephone to schedule an initial consultation. 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.