This is the next article in my series on proving parental drug use in Melbourne, Florida child custody cases. My last article discussed proving parental drug use through discovery. It is important to understand that there are some situations where ongoing drug use must be proven through the obtaining of evidence. Discovery is the process for obtaining such evidence. In this article I will be discussing the handling of cases in which a parent has been arrested. If you need assistance then contact my office today to speak with a lawyer.
Melbourne parents can seek an immediate child custody change after the other parent has been arrested
If your child’s other parent has been arrested for drug use then the proof that there is cause for concern is obvious. In such a situation the non-arrested parent may file a Motion (also known as a Supplemental Petition) with the Court. This Motion can request that custody be temporarily modified. It can also request that any visitation be supervised, if not temporarily suspended. In situations where law enforcement has arrested a parent, the Court will often hear the case on an expedited basis. While an arrest, by itself, does not prove the other parent is abusing drugs, Courts will often err on the side of caution in such situations.
If a parent is incarcerated on pending charges, and is not being released on bail or OR, then Courts will typically place the child in the sole care of the other parent. A Court will typically set status checks to determine the status of the pending criminal matter. If a parent is eventually convicted, or pleads guilty, then the Court will be mindful of any visitation requirements. If the offending parent is placed on probation there is a chance that their visitation will be supervised for a prolonged period of time. Also, if the parent is incarcerated, then the Court may not require visitation during their time of incarceration (although some visitation may be required). How the Court will rule in any given case will always depend on the facts of the case.
Contact a Melbourne child custody lawyer immediately if the other parent has been arrested for drugs
If you are a parent then it is important that you contact an attorney immediately if your counterpart has been arrested for drugs. It must be remembered that your current custody order stays in effect until altered by the Court. This means, for example, that a parent who is released on bail can have a right to visitation until the Court orders otherwise. Your counsel will take the necessary steps to get the matter before the Judge as quickly as possible. This helps to protect your rights as well as the interests of the child.
If you require help then contact my office today to speak with a Melbourne child custody lawyer. My firm understands the urgent nature of such situations and we will give your case the attention it deserves. This includes promptly filing any necessary Motions and doing what is needed to make your case a priority. We pride ourselves on providing a high level of service and we look forward to being of service. 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.