Allegations Of Alcohol And Drug Abuse In A Florida Divorce Case
Florida recently changed its rules regarding custody and time sharing arrangements. Parents are now allotted 50/50 time-sharing arrangements ordered by the courts. Florida also uses “the best interest of the child standard” to deviate from the default presumption when it is appropriate. If one parent is determined to be unfit, they may be awarded limited time sharing, supervised visits, or be denied visitation altogether. Allegations such as physical or sexual abuse, neglect, a history of domestic violence, or allegations of substance abuse may force the courts to reevaluate their standard. Substance abuse issues can compromise a parent’s ability to care for their child. The courts recognize this and respond appropriately. If you suspect your former partner has a current substance abuse problem that places your children in danger, you should bring this up with your Tampa divorce lawyer.
Proving allegations of substance abuse in a Florida divorce case
As discussed earlier, courts default on the notion that the children should spend an equal amount of time with both parents. To deviate from the standard, one parent must make allegations of unfitness against the other parent. The parent making the allegations has the burden of proving their truth. Proving such allegations is more difficult than you might imagine. Florida courts are required to take all allegations of substance abuse very seriously. However, they will require evidence that the parent has a current drug problem. In other words, you can’t necessarily allege that the other parent has a former drug problem that they have since treated. It must be current. Because such allegations are used by unscrupulous parents to deny visitation to the other parents, the courts will heavily scrutinize any allegations made by the parent.
If you believe your co-parent is unfit due to a current drug abuse problem, you should discuss the matter with your divorce lawyer. Your attorney will take several steps to prove the problem impacts the parent’s ability to parent. This can include:
- requesting a court order for alcohol and drug tests
- providing evidence that there is a history of drug or alcohol abuse
- providing witnesses who can corroborate claims of substance abuse
- request an appointment of a guardian ad litem ( an advocate who represents the best interests of the child)
When determining the best interests of the children, the courts will only consider current or chronic substance abuse issues. Those who have been through treatment and are in recovery will likely not lose visitation time with their children.
Talk to a Tampa, FL Child Custody Attorney Today
Faulkner Law Group, PLLC represents the interests of parents in child custody cases. Call our Tampa family lawyers today to schedule an appointment and we can begin addressing your concerns right away.
