This is the final post in my series explaining the end to end process of asking the Court for a change of custody when the other parent is using drugs. Throughout this series I have attempted to explain all possible scenarios that could occur if a parent is thought to be using hard drugs, marijuana, or prescription pain pills while supervising a child.
Topics that I have discussed in detail include:
- How to file a petition requesting a change to the custody order
- The discovery process that allows a parent to gather evidence prior to trial
- What a parent can expect to happen at a custody trial
- How a Court views a parent with a prescription drug problem, or a parent who is prescribed heavy prescription drugs
- The potential outcomes that can follow a change of custody trial
- What happens if a parent is arrested on suspicion of a drug related crime
Filing for a change of custody due to a parent’s drug abuse is not different from filing for a change of custody for some other reason. At trial, it is up to your attorney to prove that 1) the current custodial parent poses a danger to the child, and 2) a change of custody is in the child’s best interest. It is also your attorney’s job to prove that a parent’s drug abuse is occurring, or if there have been allegations in the past, that new evidence has surfaced to support a parent’s concern.
If a parent believes that the custodial parent is using or abusing drugs then it is important to not attempt to handle the matter one’s self. An attorney can not only ensure that all paperwork is filed correctly and on time but understands what evidence must be presented to the Court. Drug use allegations are serious, and one must be able to backup their claims with more than just words. By hiring a qualified Melbourne child custody lawyer you help to ensure that the matter will be handled properly.
Contact my office today to schedule an initial consultation. In addition to Melbourne our office 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.