this is in clay county florida and the magistrate has placed the child in the home on the father pending a child custody evaluation. the magistrate also ordered a drug test for both parties, mother and father. the father ( where the child is residing until final hearing) has failed his drug test with marijuana in his system. the test was a hair strand test. the mother past her test. WHILE I KNOW THAT THE FAILED TEST CANNOT LOOK GOOD TO THE JUDGE HOW BAD DOES IT REALLY LOOK? THE CHILD IS 16 MONTHS OLD.
How do the courts in Florida view a failed court ordered drug test in a child custody matter?
The judge should reverse his original order and award the mother custody based on the evidence unless there are other unsaid circumstances prevailing in this case.
How do the courts in Florida view a failed court ordered drug test in a child custody matter?
you have to remember that the courts are going to decide which parnet is going to be the best parent for the child. A dad who did or does drugs is not that high on the good parent list. Im sure though, they will look at the next thing where they try to decide who is going to be able to support the child better. Its all up to the best well being of the child.
How do the courts in Florida view a failed court ordered drug test in a child custody matter?
I wish I could answer more specifically for you. But it depends on WHY the child was taken. If the child was being abused, it is going to look bad legally, yes. Neglect, the same way. The drug will then become a major factor in the states' case. Rehab (expecially if started BEFORE they make it a court order) is the best thing to do, unfortunately.
But if it comes down to mom or dad and dad is doing drugs, the child will go to mom.
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