Ask The LAwyer, How will my ex-husband’s medical marijuana card affect custody of my children?
This week’s question: How will my ex-husband’s medical marijuana card affect custody of my children?
QUESTION: My ex-husband and I have joint custody of our children and we have 50/50 parenting time. I have recently learned that my ex-husband received a medical marijuana card. I have many concerns about my kids being exposed to his marijuana and if he will be capable of taking care of them. What can I do?
ANSWER: You should speak to your ex-husband and get more detailed information from him about if he really does have a card, the circumstances around it, and information about the when, where, how often, in what form etc about his usage. Courts vary on how they deal with a parent with a medical marijuana card. Some take a hands-off approach and say if the parent has a card, then there is nothing the court can do. Other courts take the other extreme and say that any use of marijuana is too much, and obviously other courts fall somewhere in the middle.
If you want to change custody, you will have to show that your ex-husband’s use of marijuana presents an unreasonable danger to the child and then show that there is proper cause or a change in circumstances to justify the change. You may want to consider if what you have learned rises to the level of proper cause or change in circumstances. The court will not change the custodial environment of a child unless there is clear and convincing evidence that it is in the best interest of the child to do so. An attorney can help you determine if the facts in your case rise to the necessary requirements for a change in custody and can help you throughout the process if you decide to go forward.
The lawyers at GWINN TAURIAINEN PLLC are experienced attorneys and are happy to answer your questions. Give us a call for a free initial telephone consultation about your legal needs. For consideration of your questions in our web column, please submit your inquiry on the “Contact Us” page of our website at www.gwinntauriainenlaw.com.
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By: Daniel A. Gwinn, Esq.
Attorney and Counselor at Law