DRUG ADDICTION AND CUSTODY IN FLORIDA
Drug addiction is a common allegation in Florida custody cases. If the drug or alcohol abuse affects a parent’s ability to properly care for a child or places the child at risk of harm, then it is an issue that needs to be addressed by the court. Florida Statutes require the court to consider many factors when deciding custody or time-sharing (visitation). One factor requires the court to consider which parent has a demonstrated capacity and disposition to maintain an environment for the child which is free from substance abuse.
CONDUCT AN INVESTIGATION TO PROVE DRUG ADDICTION
Before making an allegation of addiction, you should conduct a thorough investigation. The results will bolster your case and be more substantive than just an allegation from one parent.
- Talk to neighbors or employers/fellow employees;
- Obtain police reports and medical records (if possible);
- Take pictures or video of the parent under the influence;
- Try to secure evidence of the other parent obtaining drugs;
- If the child is older and mature and has approached you regarding the other parent’s addiction, consider filing a motion to allow the child to testify.
HOW DO I INFORM THE COURT OF MY SPOUSE’S ADDICTION?
The proper way to address the issue of addiction is through a Motion for Drug or Alcohol Evaluation. Your motion should contain the results of your investigation. Have your witnesses appear and testify as to what they have personally witnessed. If the court determines an evaluation is necessary, it will grant your motion and order drug or alcohol testing.
If the opposing party fails the evaluation, then the court will consider the results when determining the issue of custody or time-sharing (visitation). It is unlikely the court will award custody to a party that has failed a drug or alcohol evaluation.
This is, however, a double-edged sword. In most cases, the court will order both parties to be evaluated once the allegation of abuse is brought before the court. Before you make the allegation, be sure it will not become an issue for you.
WHAT STEPS CAN THE COURT TAKE
The court will always consider what is in the best interests of the minor child when making custody and time-sharing decisions. It is important to show the court that the addicted party cannot adequately provide a safe and stable environment for the minor child.
If the court determines that an addicted parent places the minor child at risk, the court can enter an order granting custody to the non-addicted parent, preventing time-sharing, or requiring supervised time-sharing.
If you need strong, experienced counsel to represent your interests, please feel free to call or e-mail The Fuller Firm, LLC. Kevin A. Fuller will schedule a free telephone or videoconference consultation. After a thorough analysis of your case, I will answer your questions and advise you regarding the best way to proceed.