Legal Question in Family Law in Florida
We live in Florida, my sister and brother-in-law are going through child dependency hearings right now, earlier today they had mediation. When they returned my sister notified me that they want to order no contact and drug courses for me and have me removed from the home we all share and have shared since the birth of her first child. I am not named in the complaint filed by cps nor have I ever even been to court on this. My question is, can a judge order that on the one single drug test I failed that I contest the validity of on the basis that I refused the drug test 3 times and was threatened at that time with "Another knock in front of a judge on your record" as the CPI put it which is recorded. The case started as medical neglect due to the refusal of an ambulance ride for my 5 year old niece, we self transported and were already in the ER getting treatment when CPS got the call let alone arrived. 8 hours after surgery my niece was drug tested and failed for opium and benzo's due to the medication given post surgery which is in the medical records from the hospital that she was given a benzo/opium concoction during surgery but they are still using that as the reason for the drug test in the first place. What are my rights as a member of the house hold, deeply rooted in the child's lives and not named in the case, can the court order any kind of action against me with out me ever being in court?
2 Answers from Attorneys
you must be named somewhere since you failed a drug test. If the judge feels that you are a risk to the children, then yes he could order no contact.
The court is permitted to protect children, do not do drugs if you have children living with you.
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