My question involves a child custody case from the State of: Florida
My ex-husband brought a petition against me earlier this year to get custody of our daughter. Two weeks ago, he brought an emergency motion in front of the judge and was awarded temp custody. Since there was a big change in my living situation, i had not been in touch with my attorney. However, my ex had known about it for several days and only informed me the day before on the hearing, eventhough i had called him about our daughter before that time. I was unable to make the hearing and do not know what was discussed. I was told my attorney tried to drop me but the judge would not allow it at that time.
We are due back in court and I dont know if my attorney will be representing me or not, as we have not been in touch. I know that my ex will be bringing up my drug use...as that is how the motion got started. I have gone on methadone (for pills not herion) and am in outpatient treatment for that. He keeps saying that it will not be enough as I need more treatment (AA NA and the like) however, I do not have a way to get to those meetings and was told that it woudnt it enough. He has told me the judge might not look at methadone treatment as enough...which seems like it would be a violation of my rights.
My questions are this. If my counceler at the clinic feels methadone treatment is enough, why wouldnt a judge? If I dont drink without AA (have been clean 7 days now) why would they say I need it? How could they have awarded him custody without me there and me only knowing about it the day before? And if my attorney drops me, how can the hearings be continued? Dont I have the right to an attorney? I want to ask for the hearing to be moved to a later date since I might not have representation. What are my chances of getting custody back? THe reason I went back to using is b/c he had not paid child support and my stress levels were high. Doesnt he have to share the blame? And wouldnt the non payment if CS (about $1000) be taken into account?