This is the next post in my series on proving parental drug use in a Florida child custody case. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you believe the other parent is using narcotics. It is important to speak with counsel sooner, rather than later, as waiting to do so may result in the Court questioning whether the situation is urgent. In this article I will be addressing situations in which the Court may request immediate drug testing of a parent. If you are in need of assistance then call my office to speak with a Melbourne lawyer.
Florida Family Court judges may require immediate drug testing upon a credible claim by a parent
Florida Courts have the authority to order a parent to take an immediate drug test if a credible claim is made by a parent. Such requests for testing typically arise in cases where a parent has not been arrested or other objective evidence (such as being fired from a job for a positive drug test) does not exist. In other words, a test needs to be administered in order to show that a parent is using narcotics. The first step in obtaining a Court Ordered drug test is to file a Motion with the Court requesting a change of custody and drug testing. The Court will hold a hearing and, if the accusations appear credible, the Court will order the accused parent to take a test immediately after the hearing. These tests will occur at a Court-approved facility and the accused parent will have a limited amount of time to take the test. A failure to take the test will typically be viewed as a “positive” result.
Results of a Court-ordered drug test typically come back within 1-2 business days. The Court will often place the child in the care of the accusing parent while waiting for the results to be returned. If the results are positive, then the Court will often hold an immediate hearing to set a temporary custody arrangement and to set a trial date to determine a more permanent Order. If the test comes back negative, then the Court may leave the previous order in place. It must be remembered, however, that how the Court will rule in any given situation is always going to depend on the specifics of the case.
Parents should discuss their situation with a lawyer before accusing their counterpart of drug use
It is typically wise for one to discuss their situation with an attorney prior to filing any Motions with the Court. If a parent’s accusations are found to not be credible then the Court may entertain a request to reduce the parental time of the accusing parent. An attorney can assist with determining whether a claim should be brought. If the claims are credible, then Counsel can assist you with making sure that the facts of the case are presented as well as possible. Nothing is more important than one’s child. It is, therefore, important to have quality representation.
If you or a family member 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 will give your case the attention it deserves. We are honored to serve our local community and we 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.