Now that we know how to identify impaired parenting issues in a custody case, what`s the best way to prove it? In other words, what can you, as a parent, work with your lawyer, do to prove the problem (or determine that it`s not a problem at all) and then, if necessary, bring it to the court`s attention? Some claims about alcohol abuse lend themselves more easily to concrete evidence than others. If the accused has a long or extreme history of alcohol abuse, it may be relatively easy to create records that prove trends in alcohol abuse. These patterns often indicate an increased risk of relapse or persistent abusive behavior. These records may include records of court-ordered treatment programs, arrests for drunk driving, or medical records that include excessive drinking. If such documents exist and are readily available, the accused parent may even admit to abusing alcohol, confirming an allegation. Even if you have proof that there is a substance abuse problem, you may not automatically be eligible for supervised timeshare. Screening tests may be negative, and if the parent has successfully completed rehabilitation for their substance abuse problem, the court may deem them appropriate. In practice, this means that the court can order urinalysis. There is no legal time limit for testing for illegal use of controlled substances and alcohol. (Heidi S.
v. David H. (2016) 1 Cal.App.5th, 1150, 1172-1173.) (b) any history of abuse by a parent or other person seeking custody of (i) the other parent; (ii) any child with whom he is related by blood or with whom he has had custody; or (iii) a parent, spouse or current partner of the parent or person seeking custody, or a person with whom the parent or custodial applicant has a relationship with the partner`s relationship or engagement. (d) habitual or continuous illicit use of controlled substances, habitual or continuous abuse of alcohol or habitual or continuous abuse of controlled substances prescribed by a parent. Some of the biggest drug problems we have in Florida are cocaine abuse and addiction. Cocaine abuse, a stimulant, usually involves physical symptoms such as brief and intense euphoria, restlessness, and well-being. You can see indicators such as glass vials, white powder, razor blades or syringes throughout the house. Cocaine addicts are known to show paranoia and major depression. Before you ask for a drug test, make sure you have no doubt that your spouse has a substance abuse problem that could harm your child. In most cases, the court will not conduct a drug test based solely on the prosecutor`s certificates. The first step in cases of impaired parenthood is to identify a potential problem.
He is your spouse, and no one knows the situation better than you. But to analyze the problem, let`s take a look at the six types of impaired parenting cases we see in Florida family courts: In a recent custody case we had, one of our clients went to get her child (the parts were separated) from the father when she saw and saw her child start putting a white pill-like substance in her mouth! She took the pill out of the child`s mouth, opened her smartphone, googled and realized that the pill was a prescription drug! Obviously, this is an extreme example of prescription drug abuse, but it happens. At the same time, an accused parent may attempt to mitigate the effects of these specific documents. For example, if the accused parent`s history of binge drinking occurred in the distant past, there may be no risk of relapse and it may be unlikely that the accused parent is currently posing a significant threat to the safety of their child. In this situation, that parent may need to provide evidence to refute the claim that they are currently in an abusive relationship with alcohol. Substance abuse problems can also affect a parent`s ability to care for their child. Therefore, the court may consider that this parent is not fit for custody and restrict his or her visitation. If you suspect your ex or co-parent has substance abuse problems, proving it in court isn`t as easy as you might think – and the law isn`t clear about how the courts should handle these situations.
The Florida detention deals specifically with alcohol abuse. A law dealing with the creation of a parenting plan states: “demonstrated ability and willingness of each parent to maintain an environment free of substance abuse for the child.” In all cases where we suspect sexual abuse in Florida, it is important to immediately call the Department of Children and Families hotline to make a report. Subsequently, it is often important to file an urgent application for an injunction in family court so that the court can be immediately informed of the case and resolved. Florida treats domestic violence very seriously. In fact, the law explicitly states that if a parent is convicted of a first-degree offence or more than domestic violence, there is a presumption that the parent should not have unsupervised time sharing with the children. If you are concerned about your ex-spouse`s alcohol or drug use, you can take this issue to court and take steps to document any incidents that support your concerns. These can be police reports, drunk driving charges, or similar evidence. It is important to have not only a record of the other parent`s substance use, but also documentation indicating that substance use makes the parent inappropriate. The court is also expected to approve custody and visitation arrangements that allow both parents to have “frequent and sustained contact” with their child. Physical abuse reported to lawyers is often behaviour that leads to police intervention in the family court system. Often, one party physically touches or hits the other party, who then calls the police. Individuals are arrested.
As a result, injunctions or injunctions may be filed as an interim remedy to deter an offender from communicating with his or her spouse and, in certain circumstances, children. The court can order both parents to take a drug test if they deem it beneficial. Depending on the dish, the drug test can analyze urine, blood or hair. If your partner uses a legal substance, asking for a drug test can be even more difficult. You need to get documented evidence that substance abuse is occurring and poses a threat to your child. Since the Soberlink breathalyzer has remote functions, alcohol monitoring can be integrated into any lifestyle and schedule without the need for personal commitments. In this way, drinking patterns can be determined quickly, easily and reliably in order to prove whether alcohol is being consumed. These results can then be used to make satisfactory custody arrangements. If you suspect your co-parent is drug or alcohol abuse, you should discuss your concerns with your divorce lawyer. Then, your lawyer will take several steps to prove that there is a valid substance abuse problem, such as: In summary, section 3011 of the Family Code sets out factors that the court must consider when determining the best interests of the child, including: These results may be admissible in court.
This issue should be discussed with your lawyer before you start using the device so that the proper steps for court eligibility are followed. Courts take action when substance abuse – in the form of alcohol and/or prescription drugs or illicit drugs – actually interferes with a parent`s ability to care for their children, or the parent poses a threat to the well-being of children. One of the best ways to prove or refute allegations of alcohol abuse in custody disputes is to use evidence gathered using modern technology. Soberlin`s remote alcohol monitoring system avoids pitfalls that traditional forms of alcohol monitoring do not eliminate. Unlike EtG, Soberlink`s wireless breathalyzers offer users a discreet and non-invasive way to measure sobriety. Equipped with facial recognition, tamper detection and advanced reporting™, Soberlink devices allow users to submit scheduled tests with real-time results. Unlike random testing, Soberlink supports scheduled testing, so the focus is on children rather than test frequency and submissions.
