Legal Question in Family Law in Florida
My 14 year old step son has come to live with us as he doesn't want to reside with his mother any longer. The conditions of her house are not ideal. (dirty, beds on floor and other children he is asked to watch constantly) We recently found out the mother checked herself into detox and then out about 5 days later. Her now soon to be ex says shes still on drugs (oxycodone) . If we ask a judge to grant us custody does she have to submit to drug testing and say she has been to detox? She has also driven all her children in a car with no license no tag, no insurance and no rear window. Is this child endangerment?
3 Answers from Attorneys
The parent of the son has to either call DCF (Not recommended) or file a petition for relative custody under chapter 751 Florida Statutes. Contact my office for free consultation 727-446-7659
Your husband would certainly have the ability to file a Supplemental Petition to Modify the Final Judgment, since there appears to have been a substantial change in circumstances. You could also ask the court to allow the child to testify as to a preference of where he should live.
The Judge will listen to the evidence to decide whether she should submit to drug testing. It is not automatic. A judge does not have to allow testimony of a child (and most judges prefer not to). Your spouse needs to be prepared to present evidence supporting these claims after filing a Petition for Modification of the current parenting plan.
Given the allegations and the fact that a guardian ad litem or a custody evaluation may be necessary (and/or the involvement of DCF) I strongly suggest that your spouse schedule a consultation with a local family law attorney.
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