The laws in Grenville, South Carolina are pretty strict when it comes to children’s exposure to drugs, including drug use and drug paraphernalia. Drug use by any parent, whether the couple was married or not, is grounds for parental unfitness. If you suspect your ex is under the influence of drugs, it is in the child’s best interest you contact a custody lawyer in Greenville, SC.
Your Ex Claims They Only Use Marijuana Recreationally
Although many parents claim that casual marijuana use is similar to social drinking, the state of South Carolina doesn’t see it the same way. Because marijuana still falls under the definition of a controlled substance, it is prohibited. Currently, even medical marijuana within the state of South Carolina isn’t permitted.
Because marijuana still applies to the definition of a controlled substance, there’s no room for any discretionary acts. If a blood test shows marijuana in a mother’s blood, the state can pursue immediate removal of the newborn from her custody.
Even recreational marijuana use is grounds for immediate changes in custody. However, the difficulty comes with proving that the other parent is on drugs. With the use of a Greenville Family Lawyer, you can seek to recover child custody.
A custody lawyer in Greenville, SC can guide you in finding methods to prove drug use, even if the other adult claims it’s only recreational.
Current Child Custody Standard – Best Interest of the Child
Currently, every custody lawyer in Greenville, South Carolina works with the “best interest of the child” standard. Child custody cases quickly get very sticky and turn into a typical he said; she said scenario. Instead of wading through both party’s complaints on the other parent, child custody cases use this standard to act in the best interest of the child.
When it comes to the fact that your ex is on drugs, it is quite easy for a court to decide that the child isn’t better off in that situation. However, there are still hoops you have to jump through to obtain child custody.
If you want your child to live with you, you need the assistance of a Greenville Family Lawyer. They can help guide you through the rigorous child custody process. Any custody lawyer in Greenville, SC should help you evaluate all of the following aspects of your child custody case:
- Length of time the child was under your care.
- Past experiences you share with the child.
- Both parents desire to reach amicable custody arrangements.
- Interaction of the child with you, the other parent, siblings and any household members, such as grandparents.
- Child’s ability to adjust to a change in community, school, or new home.
- Parent’s respect for the other parent’s bond with the child.
- Allegations or evidence of domestic violence or any abuse.
- Sex offender registration.
On top of reviewing all of these aspects and working with you to build a claim, you need to track your behavior carefully. Although a custody lawyer in Greenville, SC knows that you intend to prove the other parent is unfit, the tables can turn very quickly.
When you’re fighting for child custody, the court system equally evaluates both parents, even if at the point, you’ve done nothing wrong. However, it’s not uncommon for either parent to record the other during moments of frustration or anger.
With smartphones able to discreetly record conversations or pieces of a conversation that only paint you in a bad light, you may unknowingly have cause damage to your child custody case.
Any child custody lawyer in Greenville, SC will advise you to not only act on your best behavior but to act as if you were constantly in front of a judge. Although it’s unfortunate you have to watch yourself so closely, it is natural that the opposing parent will attempt to build their case after they’re accused of using drugs.
Proving Drug Use
It’s unlikely that the other parent will easily agree to submit to a drug test unless they know they’re clean or believe they can fool the test. However, you can ask the court for a drug test, and offer to submit yourself to testing as well.
Courts regularly submit requests for drug tests upon the request of a custody lawyer in Greenville, SC. A failed drug test is the most condemning bit of evidence you could obtain. However, if a judge believes that a drug test is unnecessary, you can use other forms of evidence to encourage a drug test or prove past drug use.
Police reports, medical reports, and photographs are very useful in a child custody case in Greenville, SC. While you must obtain these photographs or records through legal means, a Greenville Family lawyer can help you navigate the choppy legal waters to obtain the evidence you need.
Greenville Custody Lawyer
In Greenville, South Carolina there are some options for handling a child custody case yourself. But if you need to prove that your ex currently uses drugs and are seeking to obtain custody, you need help. Let one of the Greenville Family lawyers help you through your child custody case in Greenville, SC!