This is the first post in a series of articles which will address the subject of how drug use effects custody in the State of Florida. I feel it is necessary to write on this topic since courts will consider a parent’s substance use during a child custody hearing. It is important to understand this issue as judges deciding custody disputes will look to the best interests of the child when awarding custody to one or both parents. The goal of my coming articles is to provide information which will assist individuals who may personally struggle with substance use or whose former spouse struggles with substance use. It is also my goal to provide information which will assist with the selection of an attorney. If you or a loved one are in need of assistance, then contact my office today to speak with a Melbourne child custody lawyer. I also serve all of Brevard County and other areas.
I will address multiple topics over my coming articles. Issues which I will analyze include:
- The court’s sole concern will always be for the best interests of the child in cases dealing with drug use
- How the court will deal with medical marijuana and prescription drug use
- How the court will deal with the illegal use of prescription drugs and medical marijuana
- How the court will view use of heroin, methamphetamine, and other hard drugs
- How the court will respond in a child custody case when there is criminal activity that involves drugs
I have chosen to address these topics for multiple reasons. First, it is crucial for parents to understand how their drug use may affect their ability to retain custody of their child. The court may not award custody to a parent if it finds that it is not in the best interests of the child. Second, parents with prescriptions for certain drugs or medical marijuana should be aware of the court’s treatment of such. Parents with such prescriptions should not be denied custody of or visitation or parenting time with their child as long as they are not abusing the prescription. Third, it is necessary for parents to know that the court will take action when the court finds that substance abuse actually hinders the parent’s ability to care for their child or when the parent poses a danger to the child’s well-being. Parents who misuse certain hard drugs or have a criminal history related to drugs may be found to pose a danger to their child.
If you are in need of assistance then it is strongly suggested that you speak with an attorney. Our Melbourne child custody lawyers understand that you may be facing a serious situation and we will give your case the attention it deserves. Contact us online or by telephone to schedule an initial consultation. We are looking forward to being of assistance. We also serve 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.