Substance Abuse & Effect on 50/50 Timesharing in Florida
In Florida, the courts look to FL Statute 61:13 as it applies to and to determine child custody and timesharing. The standard is to look to the best interests of the child as it relates to parenting plans (timesharing) and parental responsibility. In Tampa Bay’s family courts, there is a presumption towards 50/50 timesharing which has been solidified by the recent change to child custody laws in Florida. Overcoming this presumption when one parent is abusing substances isn’t as easy as some may believe. It is important to consult with a Tampa Family Law Attorney to discuss the details of your case and to determine the best way to move forward.
Overcoming the 50/50 Presumption
Oftentimes, a client will feel that the other party is a chronic user of either alcohol or illicit substances such as
cocaine, methamphetamine or other illicit drugs. Before filing a motion with the courts, you should consult with a family law attorney who can help you to determine whether you have a basis to file a motion under Statute 61.13. In order to do so, you must have a basis from which to argue this. You must also have the ability to show good cause as to why an evaluation should be ordered. This can be done either before child custody and timesharing has been established such in a divorce or when establishing paternity as well as when modifying child custody and parenting plans.
The Basis to Reduce or Limit Timesharing / Custody
- Multiple DUIs
- Collateral witnesses seeing one of the parties using illicit drugs
- Unsuccessful attempts at rehabilitation
Once this has been plead in your pleadings and it’s been argued, and you have a good cause to believe that one of the parties is a chronic user of substances, illegal substance, filing for an evaluation as soon as possible is highly recommended as it is in the best interest of the child to do so. This will very much help you with your attempt to overcome the presumption that the other party should have your minor child 50% of the time, because if that party is impaired by the use and chronic use of substances, he or she should not be given that time.
Watch: Substance Abuse and Overcoming 50/50 Timesharing Presumption in Florida
Modifying a Parenting Plan Post Treatment for Substance Abuse
If the court should decide to award full custody to one parent and or to limit, suspend or order supervised interactions with the other due to substance abuse, this doesn’t mean it will last forever. The courts can and do reconsider and modify child custody orders if the parent with a substance abuse problem demonstrates a sincere effort to stop using. This can include a variety of steps including compliance with any court orders that look to the best interests of the children.
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