Allegations Of Alcohol And Drug Abuse In A Florida Custody Case

Recent changes to Florida’s family law rules presume that parents should be allotted 50/50 timesharing. This is the default arrangement ordered by the courts. However, the Florida courts also use “the best interest of the child standard” to determine whether or not that presumption is workable. For instance, if one parent is determined to be unfit, they may be allotted limited time sharing, supervised visits, or be denied visitation altogether. Allegations of physical or sexual abuse, neglect, a history of domestic violence, or substance abuse issues may force the courts to reevaluate their standard.

Substance abuse issues can compromise a parent’s ability to provide a nurturing environment for their child. The courts tend to recognize this and respond appropriately. If you suspect your ex has a current substance abuse problem that places your children in danger you should bring this up with your Orlando child custody lawyer today.

Proving allegations of substance abuse in a divorce case 

We mentioned earlier that the Florida courts default on the notion that 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. Proving these allegations is more difficult than you might imagine. Those who allege that their spouse has a drug or alcohol problem will need to prove it in court. The Florida courts are required to take all allegations of substance abuse seriously. But they do require evidence that the parent has a current substance abuse problem. In other words, you cannot allege that your co-parent has a prior substance abuse problem. It must be current. Because these types of allegations are often used by unscrupulous parents to deny visitation rights to the other parents, the courts will heavily scrutinize any allegations made of substance abuse.

If you believe your co-parent is unfit because of a current substance abuse problem, you will have to discuss the matter with your divorce lawyer. Your attorney will then take several steps to prove that the co-parent has a current substance abuse problem and it places the children in danger. Evidence can include:

• alcohol and drug test ordered by the court
• showing a history of alcohol or drug abuse
• bring in witnesses who could establish claims of substance abuse
• requesting the appointment of the guardian ad litem ( an advocate who represents the best interests of the children)

Since the courts will only consider ongoing or chronic substance abuse issues when determining the best interest of the children, parents who have been to treatment or do not have a current substance abuse problem will likely not qualify for supervised visitation or the restriction of visitation.

Talk to a greater Orlando child custody attorney today 

The Orlando family lawyers at Greater Orlando Family Law represent the interests of parents who are negotiating custody agreements for their children. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.