This is the next article in my series on whether parents in Melbourne, Florida can lose custody of their child because of drug use. My last article addressed what parents should expect in a child custody case where drug use is involved. It is important that one knows what to expect from the initial stages of a case through trial. A family law lawyer can help one to understand what to expect as the situation moves forward. This article will discuss how parents in our area can regain visitation with their child if they have previously lost it due to drug use. Contact my office either online or via phone for an initial consultation if you or a loved one needs to speak with an attorney.
Melbourne parents can regain visitation after having lost it due to substance abuse
A parent can take meaningful steps toward recovery and regaining visitation after having lost that right because of drug use. In many cases, visitation may be initially allowed on a supervised basis before progressing to unsupervised visits. Melbourne parents seeking to restore their visitation rights or reduce court-imposed restrictions can improve their chances by taking actionable steps. Successfully completing a drug rehabilitation program and/or consistently passing drug tests show the Court that the parent is making every effort to recover and see their child again. Complying with all court orders such as parenting classes or counseling is another way to work toward visitation. Demonstrating responsibility through stable housing, employment, and a safe environment can reassure the Court of improvement. Additionally, engaging in supervised visits and actively participating in recovery efforts strengthens the case for more change.
A parent may file a Motion with the Court to formally request a modification to an existing order. Increased visitation could include unsupervised visits instead of supervised or being able to see a child more frequently. The parent must demonstrate significant positive change to warrant regaining visitation. The Court will evaluate all evidence submitted that shows a parent’s commitment to recovery, stability, and safety for the child before issuing a decision. When the Court will actually grant additional visitation will always depend on the facts of the case.
How Melbourne parents can present a case to the Court for increased visitation
The interests of the child is the Court’s main concern in custody cases. The Court considers a variety of factors to reinstate or increase visitation. The Court looks at how long the parent has been clean/sober, passing drug tests, compliance with court orders and treatment programs, and the child’s well being. Regaining visitation rights with a child after losing them due to drug use is possible. A parent might be granted supervised visitation initially then expanded visitation rights if all goes well.
If you or a loved one is facing a difficult family law reality involving drug use and child visitation, reach out to a Melbourne child custody lawyer to understand your rights. Contact my office to learn more about how a parent could regain child visitation in drug use cases. A lawyer can explain the legal process and steps to take to successfully regain visitation. I look forward to speaking with you about your case. Our firm 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.