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Giving Adequate Notice for Family Court Proceedings

FamilyDivorce

Depending on your perspective, it is either humiliating or a relief that, when you are going through a divorce or when you and your former spouse have minor children together, you can ask the court to intervene to decide which one of you is being reasonable and which one is causing unnecessary drama.  Unfortunately, high conflict marriages often end in high conflict divorces, with the parties bringing each other back to court multiple times before and after the divorce becomes final.  Your ex calls you and says he is on his way to drop off the children, and in the course of the brief conversation, you make an offhand comment, and your ex decides that it is unsafe for you to be in charge of your children, so the next thing you know, you are back in court fighting for your right to parenting time with your children.  The good news is that you can resolve these conflicts and end up with a manageable parenting plan, with the help of a Boca Raton child custody lawyer.

Your Ex-Spouse Cannot Make You Drop Everything and Take a Drug Test Before Exercise Your Parenting Time This Afternoon

A Florida couple divorced in 2021.  Things went smoothly at first; the parties drafted a parenting plan in mediation and abided by it.  Later, the husband began to suspect that the wife had suffered a drug addiction relapse, and he filed a motion with the court to order the wife to take a drug test before exercising any more court-ordered parenting time.  The court scheduled a hearing, but the wife only found out about it an hour before the hearing was scheduled to begin.  She hurried to make an appointment for a drug test, and she completed the drug test on time, but she did not make it to the hearing, so the court held her in contempt.

These co-parenting situations are stressful for everyone involved.  The best way to approach them is to work closely with your lawyer from the beginning.  Couples who represent themselves in divorce proceedings, often because they believe they cannot afford professional legal representation, are more likely to end up in post-divorce litigation.  If you are in recovery for substance use disorder, your ex-spouse might try to use this against you and claim that you do not deserve as much parenting time as you are requesting.  The family courts do not take the decision to deprive someone of unsupervised parenting time lightly; you have the chance to argue that the parenting plan should remain as it is.  Remember that contempt of court, and even supervised parenting time orders, are temporary, and you can resolve these issues with the help of your lawyer.

Contact Schwartz | White About Divorce and Co-Parenting After Substance Use Disorder

A South Florida family law attorney can help you if one spouse’s history of drug use is a complicating factor in your divorce.  Contact Schwartz | White in Boca Raton, Florida about your case.

Source:

scholar.google.com/scholar_case?case=6828443702699529463&q=divorce+drugs&hl=en&as_sdt=4,10&as_ylo=2014&as_yhi=2024

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