This is the second post in a series of articles discussing Dayton, Ohio child custody cases which involve parental drug use. Our previous article provided an overview of the topics to be addressed throughout this series. It also emphasized the importance of retaining an attorney with family law experience when seeking a change in custody. This post will address the process to request a change in custody when one parent suspects the other of abusing drugs. If you need assistance, contact our office today to speak with a lawyer.
Filing a Motion to Modify Custody is the first step in Dayton, Ohio custody cases involving drug use
When seeking a change in custody because the other parent is suspected of abusing drugs, the legal process will begin when the requesting parent files a Motion to Modify Custody. The circumstances giving rise to the modification request must represent a change from the evidence presented when the previous custody order was issued. These new circumstances must be included in the Motion along with evidence that a new custodial arrangement is in the child’s best interests as a result. Judges will likely consider abuse of drugs or controlled substances to be sufficient “changed circumstances” when considering a custody motion. Also, a change may likely be in the child’s best interests if drug use limits the ability of one to meaningfully care for a child.
When filing the Motion, the requesting parent’s attorney may request an expedited hearing, which will usually be heard within a few days of the Motion. In the meantime, the lawyer can ask the court to temporarily relocate the child into the requesting parent’s care pending the outcome of hearing. At the hearing, the Judge may order the suspected parent to immediately take a drug test, the results of which will be available very shortly afterward. Depending upon the outcome of the drug test, a judge may grant an emergency custody change, may deny the custody change request or may order a different modification, such as supervised visitation for the suspected parent until a trial can be held. It is important for Dayton area parents to understand that the specific facts of a situation will determine how the case will proceed.
Parents should contact a Dayton, Ohio custody attorney if they suspect their child is being exposed to illegal drug use
In the context of parental drug use, your child’s well-being may be at risk. Many parents do not know how to proceed when they suspect the other parent’s misuse of drugs. It is important to contact law enforcement if you believe your child is in danger of immediate harm. It is also essential to contact an attorney to review the facts of your case and advise you on the appropriate legal action.
If you suspect that your child’s parent is abusing drugs, contact our office today to speak with a Dayton child custody lawyer. We also serve the areas of Beavercreek, Centerville, Clayton, Eaton, Englewood, Fairborn, Franklin, Harrison Township, Huber Heights, Kettering, Oakwood, Lebanon, Miami Township, Miamisburg, Piqua, Riverside, Springboro, Springfield, Tipp City, Trotwood, Troy, Vandalia, Waynesville, Washington Township, West Carrollton, Yellow Springs, and Xenia.