Legal Question in Family Law in California

This would not be an automatic win for child custody. You would need a witness, such as the landlord to verify that she was evicted for smoking marijuana in her apartment. The amount of marijuana that she has in her possession and how much she smokes. It would be necessary to show that her smoking marijuana some how endangers the child. That she smokes with the child in the same room, or she transport the marijuana placing the child at risk of being present when she is arrested. Timing is essential in this matter. You would have to take action quickly after she was evicted, and was unaware that she smoke marijuana in excess prior to her eviction. You should consult with an attorney asap.

You should always consult with an attorney in the county where you case is already in the court system, as there is always some possible variance in how different counties look at these type of events. This would definitely be helpful, but I would not call anything an automatic win for child custody. You would need independant third party corroboration of the smoking. Landlord, Police or other disinterested persons. If it resulted in some sort of criminal offense that would also add up against her. Add into that the impact of the children. Does she smoke in their presence or only when they are at school. Were the children present while the somking was happening, and while dealing with the landlord, police or others. Obvioulsy you will need to act promptly when you first learn of these events. Also, your side of the story needs to be clean too.