This is the next post in my series on how drug use affects custody in the State of Florida. My last article discussed how the Court deals with medical marijuana and prescription drug use. It is important to remember that the Court will not look down upon parents who are prescribed certain drugs or medical marijuana due to their condition. However, parents with such medications are required to stay within the prescribing authority’s directions for use. The Court takes parental drug use very seriously even when the parent is prescribed certain drugs or medical marijuana. An attorney can assist you with understanding how the Judge may view the situation. In this article I will discuss how the Court deals with illegal prescription drug and marijuana use. If you are in need of assistance, then contact our office today to speak with a lawyer.
Florida judges are concerned when parents are illegally using prescription drugs because it could impact the child’s safety and wellbeing
When the Florida Court finds out that a parent is using illegal prescription drugs, it will mostly be concerned that this wrongdoing could have a negative effect on the child’s safety and wellbeing. The Court will look at all of the circumstances and ask how the parent’s drug use is impacting the child. Generally speaking, the Court is typically much more concerned about the use of illegal pills as opposed to marijuana. Illegal use of marijuana is not a positive thing in the Court’s eyes, but it is not as severe as the use of pills. The reasoning behind this is, among other things, that marijuana does not tend to be as addictive as pills. Also, illegal use of medications can lead to many more physical and mental health problems than marijuana.
The process for a parent that is concerned about their ex’s drug use entails filing a motion with the Court for an emergency change of custody order. The Court will then set a hearing date which is often expedited in a case involving illegal drug use. The Court will immediately request a drug test from the parent suspected of substance abuse. If the test comes back positive, the Court may restrict visitation depending on the severity of the case. In most cases, the Court will order all visitations between the parent that is using drugs and the child to be supervised. Following this, a trial date will be set for determination of whether these orders should be permanent or not. The Court will ultimately restrict the parent’s privileges based on how dangerous the drugs involved are and how severe the usage is.
Contact a Melbourne, Florida family law attorney if your ex is illegally using prescription drugs or marijuana
A parent’s illegal prescription drug or marijuana use can be detrimental to the child’s safety and well-being, as well as their academic and social life. For these reasons, the Court takes parental drug use cases very seriously. The most important thing to remember is that the Court will always consider what is in the best interests of the child. Typically, if a parent is illegally using drugs, the Court will not believe it is safe for the child to remain in that situation. However, the Court’s decisions will be based on the specific facts and circumstances of the case.
If you are a parent and have a concern regarding your ex’s use of illegal prescription drugs or marijuana, then it is important to discuss the matter with an attorney right away. You should not take matters into your own hands as this will likely make the situation worse. My office has extensive experience dealing with child custody cases. Contact my Melbourne office online or by telephone today to speak with a lawyer. I understand the serious nature of such situations and my office will give your case the attention it deserves. My office also serves the Brevard County areas of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.