How Do Allegations of Alcohol and Drug Abuse Impact a Florida Custody Case?

Due to recent changes to Florida law, parents are usually allotted 50/50 timesharing as the default arrangement ordered by the courts. However, the Florida courts also employ a “best interests of the child” standard to deviate from the default presumption when it’s appropriate. If one parent is determined to be unfit, they may have limited timesharing, supervised visits, or be denied access to their children altogether. Allegations of physical or sexual abuse, neglect, a history of domestic violence, or substance abuse may force the courts to reevaluate their default presumption. Substance abuse can compromise a parent’s ability to care for the child. The courts recognize this and take seriously allegations of drug or alcohol abuse. If you suspect your ex has a current substance abuse problem that places your children in danger, you should definitely mention this to your St. Petersburg, FL, divorce lawyer.

Proving allegations of substance abuse in a Florida divorce case

 As we mentioned earlier, the Florida courts default on the belief that children should spend an equal amount of time with their parents. To deviate from this standard, one parent must make allegations of unfitness against the other parent. Proving such allegations is more difficult than you might imagine. If you allege your spouse has a drug abuse problem, you will need to prove the matter in court. The Florida courts are required to take any allegation of substance abuse seriously. They do, however, require evidence that the parent has a current substance abuse problem. In other words, you can’t allege that the parent had a prior substance abuse problem that makes them unfit to parent. It must be current. Since these types of allegations are often used by unscrupulous parents to deny parental rights to the other parent, the courts will heavily scrutinize any allegation of unfitness.

If you believe that your co-parent is unfit due to a current substance abuse issue, you will have to discuss the matter with your divorce lawyer. Allegations of unfitness will complicate proceedings. Your attorney can then take several steps to prove that your co-parent has a current substance abuse problem that places the children in danger. This includes:

• Providing evidence that there is a history of drug or alcohol abuse
• Requesting an order from the court for alcohol and drug tests
• Requesting the appointment of a Guardian Ad Litem (an advocate who represents the interests of the children)
• Providing witnesses who can corroborate your claims of substance abuse

The courts will only consider ongoing or chronic substance abuse problems when determining the best interests of the children.

Talk to a St. Petersburg, FL, Family Lawyer Today 

The St. Petersburg family lawyers at the Law Office of Kevin F. Coleman represent the interests of parents who are in custody battles over their children. Call our office today to schedule an appointment, and we can begin addressing your concerns right away.