This is the first post in a series which will discuss how drug use impacts Orange County, California child custody cases. We have decided to write on this topic due to the fact that many parents do not know what to expect from the divorce process when they face such a situation. It is our goal to provide information which you can use to make an informed decision when selecting a child custody attorney. We cannot stress enough the fact that you should contact a lawyer immediately if you believe that the other parent of your child is illegally using controlled substances.
We will be addressing a number of articles over our coming posts. Topics which we will look at include:
- The process of requesting a change of child custody due to drug abuse
- Conducting discovery in such a case
- How Courts often handle cases which involve “harder” drugs such as methamphetamine, heroin, cocaine, etc.
- How Family Law Judges may address matters in which a parent is using marijuana
These are important topics for several reasons. First, it is important to understand the process of modifying custody so that you can have realistic expectations when meeting with counsel. Second, the discovery process can be used to show whether there has been a longer pattern of substance abuse. Third, Courts will take a harsh stance against harder drugs as the child’s safety is a Judge’s first and foremost concern. Finally, it is important to understand that “lighter” narcotics such as marijuana and prescription pills can, in some circumstances, also lead to a change of custody.
If you believe that your child’s other parent is using illegal narcotics then it is important to contact counsel as soon as possible. A Judge can order the other parent to take a drug test. The longer you wait to go to Court, therefore, means that the other parent will have a greater amount of time to “clean up” before having to take such a test. Also, and most importantly, your child safety may be at risk depending on the gravity of the situation. Our Orange County child custody attorneys handle cases in which a parent is abusing narcotics, both legal and illegal. Contact our office today to speak with a lawyer.
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