Parental Drug Use And Custody. Your case will be transferred over to drug court who will have the authority to make decisions about parenting time and legal decision making. When a parent has an addiction or substance abuse, a court is likely to restrict the parent’s visitation until after they can demonstrate evidence that they no longer consume drugs or alcohol.
To ensure the children are safe during the supervised visits, the american bar association offers the following guidelines for judges to consider: Sullivan, 736 so.2d 103 (fla. When one parent makes allegations against the other parent about drug use in a custody case, the judge holds an evidentiary hearing to gather facts relating to the claims and the circumstances.
If You’ve Lost Custody Or Are Worrying About Losing Custody, One Of The Best.
If the substance use disorder is severe, courts may also award full custody to the sober parent. Sullivan, 736 so.2d 103 (fla. Drug use and abuse that affects child custody can include both legal and illegal drugs.
The Court Is Obliged To Determine The Credibility Of The Testimony And Take Into Consideration The Whole Context.
However, in many cases of parental drug and alcohol use, treatment is the first step to restoring visitation rights and ultimately custody. Judges will be very cautious when granting custody to a parent who uses drugs. Courts generally respond to a parent's substance use either during a child custody hearing or when complaints about suspected substance use—and its impact on the children—are reported either to the court that issued the child custody order or to the state (through the department of child protective services).
When A Parent Suspects That The Other Parent Is Using Drugs Or Alcohol, They Can Ask The Court To Test The Parent For Substance Use.
Depending on the facts of the case, such conduct may result in a parent actually losing time with the child as the situation may be deemed dangerous for the child. The main concern of the court will be if any drug use puts your child at risk or hinders your parenting abilities. So in addition to the fact that drug use by a parent is not in the child’s interests to begin with, parents should consider their custodial rights when making the decision to use illegal drugs.
Parental Substance Abuse Is One Of The Determining Factors In Custody And Visitation Rights.
Frequently, parents with substance misuse issues will lean toward agreeing to what the sober parent requests. Drug and alcohol use can certainly affect your custody case, especially if the parent using drugs and alcohol pose a risk to the children. Marijuana use, drugs, divorce, divorce advice.
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Parental substance use can affect parenting, prenatal development, and early childhood and adolescent development.,” according to the children’s bureau. This rise is due in part to overdoses — parents who pass away from drug use are clearly unable to raise their children — but can also be attributed to jail sentences and mandatory rehab terms. Proving a parent misuses drugs or alcohol.