This is the next post in my series on proving parental drug use in Melbourne, Florida child custody cases. My last article discussed changing child custody after a parent’s drug-related arrest. It is important to act quickly if law enforcement has become involved. This is due to the fact that the current child custody order will remain in effect until modified by the Court. In this article, I will be addressing the possible consequences a parent faces if they make unfounded accusations against their counterpart. If you are in need of assistance then contact my office today to speak with a lawyer.
Florida parents may lose time with their child if they make false drug-related claims
Florida is like other states in the union in that it expects a parent to attempt to foster the relationship between their counterpart and the child. For obvious reasons, making false accusations about the other parent is counter to the idea of fostering a relationship between them and the child. The Court may very well levy consequences against the accusing parent when false claims are made. The extent of the consequences will depend on the facts of the case. They may range from a simple admonishment to a change of child custody. The parent making false accusations may also find themselves having to pay their counterpart’s legal fees.
The foregoing is best explained through an example. Suppose Jane files a Motion to Change Custody with the Court and is alleging that Jack is using drugs. The parents currently enjoy equal timeshare and the child is doing well in school and there have been no other problems. Jack tests clean for drugs, is shown to have perfect attendance at work, and there is otherwise no reason to believe that there is a problem. Under this scenario, the Court may admonish Jane for filing a seemingly frivolous Motion, but may also take no additional action. Now suppose that it is shown that Jane has also been attempting to withhold visitation on several occasions, is regularly berating Jack in front of the child, and that the child is not doing well in school. Under these facts, the Court may change custody in favor of Jack and order Jane to pay his legal fees. How the Court will rule, however, will depend on the specifics of the matter.
Contact a Melbourne child custody lawyer immediately if you are being falsely accused of drug use
If you are a Melbourne parent and are being falsely accused of drug use then it is important that you contact an attorney as soon as possible. It is understandable that you may not consider the matter serious, given that the accusations are false. It is important to understand, however, that the Court will take the matter very seriously. Failing to properly defend against the accusations can result in an accused parent losing time with their child. Contacting counsel is, therefore, crucial.
If you are in need of assistance then contact my office today to speak with a Melbourne child custody lawyer. I understand the serious nature of defending against false charges and my office will work to provide you with the highest level of representation. Contact us online or by telephone to schedule an initial consultation. 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.