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  5. How Can a Florida Parent Regain Visitation Rights After Being Accused of Drug Use

How Can a Florida Parent Regain Visitation Rights After Being Accused of Drug Use

Westchase Law P.A. | Aug 26, 2025 | Child Custody, Family Law and Marital Law |

If you’re a Florida parent with a current drug addiction, you may be wondering what you need to do to get your children back in your life. The Florida courts do not look fondly on drug addiction when it comes to children. They generally assume that it’s not in the best interests of the child to live or have contact with a drug-addled parent. Legal representation can help, but the real work is done by the parent who overcomes their drug addiction. You must be able to demonstrate that you can remain sober, or the Florida courts will (at best) award only supervised visitation.

Seeking treatment and demonstrating sobriety 

As a parent, you will need to demonstrate sobriety to the court. This can involve the successful completion of an inpatient or outpatient rehab program. You will also want to document your efforts, providing certificates of completion or progress reports from the treatment center to the court. Then, you’ll want to continue with your therapy, support groups, and medication (if needed) to maintain your sobriety. As a show of good faith, you can voluntarily submit to drug and alcohol testing as evidence of your efforts.

Demonstrating a stable environment 

The courts will want to know that the environment in which it is placing the child is stable. You will want to prove to the court that you have a stable place to house your kids. In addition, you will want to show the court that you have stable income and gainful employment to demonstrate financial stability. Having ongoing legal issues can hamper your case. You will want to address any outstanding legal issues you face that would negatively impact your ability to care for your child.

Complying with court orders

 You may be required to attend parenting classes to demonstrate your commitment to your children. Even so, the court may only order supervised visitation until you’ve demonstrated stability. If you are ordered to submit to drug tests, you will want to ensure you do so. You may also be required to attend support groups by the court.

What should I do? 

You will need to file a motion to modify child custody with the court. This can be quite difficult for the layperson. You will want to retain experienced counsel for the process. A Tampa, FL, family law attorney can help you understand your rights and navigate the legal process. If the court schedules hearings at your behest, you will want to attend these hearings. Be sure to present evidence of your recovery and prove you have a stable environment for your kids.

Talk to a Tampa, FL, Child Custody Lawyer Today 

If you were denied custody or visitation, an experienced Tampa family lawyer can help. Call the office of Westchase Law, P.A., and we can discuss your next steps right away.

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