Legal Question in Family Law in California
I have enjoyed joint physical/legal custody of my 3.5 year old daughter since my divorce a year and a half ago. Her mother filed a move order to take her to hawaii. Can she request a drug test if i'm using doctor recommended medical marijuana? It was never used while my daughter was here. If so, will that adversly effect my chances of keeping my daughter here?
2 Answers from Attorneys
Mother has the right to move. Your only chance to stop her from taking your daughter is to convince the court that it is in her best interests not to be separated from you. The amount of contact you have had with your daughter will be a major factor in this matter. The effect of your use of medical marijuana will depend upon the attitude of the court. Since medical marijuana is legal in California. Marijuana remains in the body for many days after it was consumed and can have an additive affect on the body. You will need the assistance of an attorney to most effectively present your case.
If you have a dr's prescription and do not use when there would be a danger to your daughter. You have a right to an evidenciary hearing on the request to move. I recently taught a seminar to attorneys on move away issues in the Superior Court for San Diego County. Whether she will be able to move will depend on many facts and upon the judge. You should have an attorney to assist you. Usually, I agree with attorney Lyle Johnson and I think that he correctly states the law, but permission to move is sometimes difficult to get from San Diego Judges. Good Luck, Pat McCrary