Pensacola, FL asked in Family Law for Florida

Q: How can I keep my drug addict ex from getting unsupervised visits if I cannot prove what drugs he is doing.

He favors pills and is proud of the fact he can pass drug screenings. Child support enforcement is supposed to be going after him for support but he says that until I bring my son to see him he wont send a dime. He says I am selfish even though I offered to bring our son to see him if he was paying child support and paid 50% of the travel cost. I am not sure what I should do because the whole situation is unhealthy for our son.

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2 Lawyer Answers
Answered
  • Deltona, FL
  • Licensed in Florida

A: You need to have a long conversation with a family law litigator. You would have to hire a private attorney to get anything done regarding the issues you present. Visitation does not hinge upon the payment of child support, and the payment of child support does not hinge upon visitation. If he refuses to pay child support he can be held in contempt of court. If you refuse to allow visitation, you can be held in contempt of court. The two things are what we call mutually exclusive. You would have to come up with some sort of solid proof that he continues to do drugs. One of the best ways to do this is to hire a private investigator to gather the right type of evidence which will be admissible in court. The child support enforcement people do not do this sort of thing for you, they just get support ordered and enforced.

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Answered
  • Clearwater, FL
  • Licensed in Florida

A: Since you are not married to him he has zero parental rights until he enforces them so just go after him for maximum child support. Don't let him see the child. Contact my office for free consultation 727-446-7659.

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