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The Name You Know.
The Name You Trust.

We have deep ties to the community, we have represented clients in Southwest Florida for more than 25 years.

The Name You
Know.
The Name You
Trust.

We have deep ties to the community, we have represented clients in Southwest Florida for more than 25 years.

Photo of Ian F. Mann

How does substance abuse affect custody in Florida?

Substance abuse can play a major role in child custody cases. Courts prioritize the well-being of children and consider whether a parent’s drug or alcohol use creates an unsafe environment. If substance abuse affects a parent’s ability to care for their child, it can impact custody decisions.

How courts evaluate substance abuse

Florida courts examine evidence of substance abuse before making custody decisions. Judges may look at arrest records, failed drug tests, witness statements, and medical reports. If a parent has a history of substance abuse but is in recovery, they may need to show proof of rehabilitation. Courts may also require ongoing drug testing to ensure a safe environment for the child.

Potential custody restrictions

If a parent’s substance abuse endangers the child, the court may limit their custody rights. In severe cases, a parent may lose custody entirely. Courts can order supervised visitation, requiring another adult to be present during visits. Some cases may involve restrictions on overnight stays or orders to complete a rehabilitation program before seeking custody modifications.

Steps for parents with a history of substance abuse

A parent recovering from substance abuse can take steps to regain custody rights. Attending support groups and maintaining sobriety can demonstrate responsibility. Providing evidence of a stable home, steady employment, and positive character references can also help. Courts may consider a parent’s efforts to change when reviewing custody arrangements.

The child’s safety is the top priority in any custody case. Florida courts consider whether a parent’s substance use puts the child at risk. Parents struggling with addiction may face legal challenges, but those who take action to recover can work toward regaining custody rights.

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