Legal Question in Family Law in Maryland

Parental Custody

If a child's father smokes marijuana regularly, can he get any kind of custody over that child?


Asked on 4/17/07, 4:21 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Parental Custody

Custody decisions are made on a case by case basis, and the criteria is always what is in the best interest of the child. If the father is engaging in this activity in the child's presence, I would think that he's unlikely to get residential/physical custody, but he still may be entitled to joint legal custody. If he limits this activities to times when he's not around the child, perhaps strictly out of the house, and is never under the influence of the marijuana when he's with the child, it may have little or no impact.

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Answered on 4/18/07, 10:03 am


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