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 illegal prescription drug and marijuana use. It is important to remember that when the Court finds out a parent is using illegal drugs or marijuana, it will always look at how this use may impact the wellbeing of the child. The Court is typically much more concerned about the use of illegal pills as opposed to marijuana. This is because marijuana does not tend to be as addictive or detrimental to one’s health as pills are. The Court takes parental drug use cases very seriously, so it is important to not take these matters into your own hands and that you consult with an attorney. In this article I will discuss how the Court views parental use of heroin, methamphetamine, and other hard drugs. If you are in need of assistance, then contact our office today to speak with a lawyer.
Florida Courts are exceptionally strict when it comes to use of hard drugs
Hard drugs, such as heroin and methamphetamine, are incredibly addictive substances. Further, addiction is a mental illness that can contribute to a multitude of problems in someone’s life. This is even more intense when that person is a parent with custody of their child. People do not tend to casually use heroin or methamphetamine. Typically, when someone uses these substances, it is evident of addiction which can cause larger problems. Parents who are on hard drugs are likely unable to care for themselves. It is problematic for someone to properly care for a child and cater to its needs when they cannot even take care of themself. The Court tends to take parental use of hard drugs much more seriously than when a parent is caught illegally using marijuana.
Mere possession of hard drugs is a criminal offense and can be tied to dangerous situations. In order to ensure your child is safe when your ex is using hard drugs, the first step is to file a motion with the court for an emergency custody order. Next, the Court will set a hearing date. Courts will typically grant motions for expedited hearings when a parent is using hard drugs. This is because the Court will be worried about the child’s safety and wellbeing. At the hearing, the Court will immediately request a drug test from the parent suspected of hard drug use. If the parent tests positive for heroin, methamphetamine, or other hard drugs, the Court will almost always restrict visitation of the child. The Court will order all visitations to be supervised at the very least. When a parent tests positive for hard drugs, the Court will set a trial date for determination of whether restrictions should be permanent. The outcome of the case will ultimately depend on whether the parent is able to show that they are doing better. However, the Court’s decisions will be based on the specific facts and circumstances of the case.
It is important to retain an experienced Melbourne family law attorney if you know that your ex is using methamphetamine, heroin, or other such drugs
Parental drug use cases can be incredibly complicated. Courts also have many rules and procedures that must be adhered to in order to receive a favorable outcome in your case. It is important to remember that the Court will always consider what is in the best interests of the child in coming to its conclusion. It will do everything it can to ensure the child is safe and cared for. Attorneys are trained to help you figure out the best way to proceed with legal action when dealing with a co-parent that is using drugs.
If you are a parent and believe your ex may be using heroin, methamphetamine, or other hard drugs, then it is important to discuss your situation with an attorney immediately. My office has extensive experience dealing with child custody cases. Contact my Melbourne, Florida office today to speak with a lawyer about your case. 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.