Legal Question in Family Law in California
daughter finds marijuana
9 year old step-daughter comes home from weekend visit with non-custodial parent and shows custodial parent and step-parent marijuana that non-custodial parent is smoking. Current lawyer doesn't seem to deem that very serious and would much rather hit non-custodial parent up for child-support. Custodial parent and spouse very concerned with what daughter is around including about non-custodial's choice to go back to the relationship and life style that was the whole reason for non-custodial parent losing primary custody a few years ago to begin with. Would like to fight for supervised visits but don't seem to get the support in that idea from lawyer. Is this request really trivial given circumstances? Or is it reasonable and possible
1 Answer from Attorneys
Re: daughter finds marijuana
This situation is difficult. If you make the allegations and the court is no convinced that they are true, you could have a more difficult situation. Did the non custodial parent smoke marijuana when the parents were together. Basing a motion on the statements of a child is risky. Children often tell parents what the child thinks that the parent wants to hear. You need to attempt to get some independent evidence of the marijuana use evidence. Sometimes the court will order a hair focile test for drug use. The use of marijuana in the presence of a child is generally considered to be unacceptable, but making false accuasations is also unacceptable.
You may wish to take your child to a counselor regarding her relationship with you and the other parent. If marijuana use is verified by the counsleor you will be in a better position to present your motion for supervised visits.
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