Posted by Nydia Streets of Streets Law in Florida Child Custody

When drug abuse is an issue in a Florida child custody case, the court may take certain measures to protect a child’s best interest. These measures include drug testing and restrictions on time-sharing, among others. In the recent appellate case Ryan v. Ryan, 3D18-1420 (Fla. 3d DCA 2018), the court considered a mother’s appeal of an order placing such restrictions on her timesharing.

In this case, the parties share a 4-year-old daughter. The father filed a post-judgment motion indicating the mother was violating portions of previous orders (requiring her to be drug free) and that she was a danger to the child. The court entered an order suspending the mother’s unsupervised timesharing, requiring her to submit to substance abuse evaluation and treatment, and requiring her to wear a secure continuous remote alcohol monitor (SCRAM) bracelet at her expense.

The mother appealed, arguing the order was error because it did not specify how she could regain unsupervised timesharing. She also objected to the court requiring her to pay for substance abuse evaluation and treatment. On all of these issues, the appellate court ruled against the mother, holding the trial court did not commit error in its rulings. The court held, “The record contains competent substantial evidence supporting the trial court's decision to renew limitations on the Former Wife's exercise of timesharing until such time as her compliance with conditions and substance abuse evaluations support a restoration of unsupervised timesharing.”

If drug or alcohol abuse are an issue in your Miami child custody case, contact a Miami child custody lawyer to determine the best way to protect your child’s best interest. A consultation can assist you in learning about your options.