Manufacturing or Delivering a Controlled Substance and Child Custody

Drug charges cover a broad range of offenses, from the less severe, such as simple possession of a small amount of drugs, to the more serious, such as participation in the ongoing manufacturing or distributing of drugs. Even minor drug charges, such as drug possession, can be frightening and carry the risk of serious penalties upon conviction. The more serious drug charges, of course, can give rise to even graver consequences. Past drug convictions, the amount of the controlled substance that was found, and the severity of the drug type usually dictate the severity of the charge(s) to be levied. Drugs posing a greater threat to the individual are typically treated with greater legal penalties. In addition to prison time, another significant consequence can be the loss of custody of children in the household.

Issues involving child custody are very complicated especially when one or both of the parents have been charged with a drug offense. Since the issue of child custody is a civil matter, the case will generally be assigned to a family court judge. It is important to note that the case in family court can proceed against a parent even though he/she has not been actually convicted of the drug offense. The standard of proof required in family court is much more relaxed than in criminal court and there is no limitation regarding the information the judge may consider in making a determination on the custody of a child.

If either parent is contesting that the other should not be given custody or visitation then the matter can get even further complicated. When one parent has placed the child in a dangerous situation (this includes exposing the children to illicit drugs) this parent’s right of visitation can be denied and the other parent awarded sole legal and physical custody. In the alternative, the court can also order sanctions such as drug treatment and random tests to insure the safety of child.

Ultimately, the child’s welfare is the court’s paramount consideration. Of course, the fact of the personal relationships or circumstances of the parents are going to be relevant. The court will undoubtedly want to know if the fact that a parent is involved in drug activity is going to impact upon their ability to care for the child. The overall issue the family court will focus on is how the drug offense impacts that parent’s ability to adequately care for the children.

Neil Lemons represents Teakell Law. For more information on eyewitness testimony defense in the Dallas/Fort Worth area visit their website http://www.teakelllaw.com.

If I have custody of my child, can i be charged with parental kidnapping for moving out of state of indiana?

father lives in indiana , never married him, never had contact until child was nine when i took him to court, i have sole custody he has visitation. I moved out of state , only lived there 4 months prior to hearing, then came back to florida where i lived for 5 years because i lost my job there because of transportation issues.

In Florida, do you still have to pay child support if u have given up custody & parental rights to the child?

My sister in-law is pregnant, things didnt work out so the guy voluntarily wants to give up custody and parental rights to the unborn child, does he still have to pay child support?
the dirt bag wants to give up all custody coz he said why pay child support if the child wont be with him 24/7..part of me wants to tell my sister to not let him off the hook and part of me wants to just say if he doesnt want the baby,the get the hell out..what do u think,guys?

Where can I find free downloads of Child Custody papers in the case of parental death?

Looking for a free download of a leagal document that will state who will take care of my daughter in the case of my death.

For a Father to gain his parental rights. Is the DNA test peace of mind enough evidence or chain of custody?

The father does want contact with the child. This is in AZ.

how to gain complete custody of my son and terminate is father's parental rights?

my Son’s father has not financially provided for him in two years and my son is only three. the father has not made an effort to visit him in a year although we ran into him once around March, and that was only for about ten minutes. i was wonder if i can file charges against him for child abandonment to gain full custody and terminate his rights.

Is it possible to regain custody after signing away parental rights?

My husband signed away his parental rights 2 years ago to his son. He was in no position to take care of him, and felt that it was the best thing he could do for his son. The grandparents got custody (not his parents). He would have never disturbed their family, but now the grandfather is in jail, and his son & adopted mom are living on the streets. He is 5 years old and has not been in school, gotten shots, and they are considering foster care as they do not want him anymore. We are now in a position that we can take him and give him a good life. Is there anything we can do? They would rather give him to the state then give him back to his dad so it would be a fight.

Why does international child custody have noting to do with children rights only parental rights?

Why does international child custody/child kidnapping have noting to do with children rights only parental rights even when a court in two different countries has given different rulings, conflict of law? Basically the mother has legal custody of her child in her country and is wanted for parental abduction in the child’s country of birth, because she is held there with out her fathers consent. Possession is 9/10 of the law.