Legal Question in Family Law in California
ex-wife uses medical marijuana in front of minor children
Medical marijuana being used admittedly 24hrs a day , in front of two minor children in the home. Mother also admitted processing the pot into flower/brownies and liquids that were easily accessable to the children.
Admited suicide attempts by both custodial mother and step father. 14 year old son failed out of school.
I am no doubt seeking custody, however I have been absent in the minors' lives for a long period of time because the mother moved several times whithout notice, out of the county.
Apparently my every other weekend visitation order was not enough to keep her from doing that.
Don't the children have a right to a healthy, safe environment and a relationship with their father? The "Compassionate Use Act" does not seem to address any childrens rights. I have been told that my chances of gaining custody are still only 50/50.
WHY? I do not understand!
3 Answers from Attorneys
Re: ex-wife uses medical marijuana in front of minor children
What's in the best interest of the children is the law in this case. I represent parents in these types of cases. There are many things that can be done. If you live in the Southern California Area you may call me for a free telephone consultation at 818-342-8020x1
Norman Gregory Fernandez, Esq.
www.norman-law.com
Re: ex-wife uses medical marijuana in front of minor children
I agree with the other two responses. The court will consider what's in your child's best interests. Some of the factors it will evaluate include: your relationship with the child, whether or not the child will have to change schools, his or her ties to neighbors, extended family, and the local community, what kind of home you can provide vs. what kind of home the mother can provide, how each of you can contribute to the child's educational and emotional development, and both of your previous adherence to court orders: facilitating visitation, payment of child support, and other child-related orders.
The fact that you were absent from the child's life for a period of time probably hurts your case significantly. How much it hurts, of course, depends on the length of the time you were absent, whether you paid child support in the meantime, and the reason you were absent.
I don't litigate custody matters, but if you think mediation could help--i.e., sitting down with the mother of your child and seeing if you can discuss some of the issue that you're concerned about and if you can work out a parenting schedule that addresses your concerns, please give us a call. The court will make you mediate at some point if you decide to go for custody, so you may as well pick your own mediator and do it at your leisure, rather than take your chances with whoever the court selects. Our web site is at http://www.peace-talks.com. If you're not near LA, find a mediator closer to home. Good luck!
Re: ex-wife uses medical marijuana in front of minor children
The issue, of course, is always, "What is best for the child?" Use of a legal drug (medical marijuana)does not preclude a person form being a good parent in and of itself. (Neither does use of tobacco or alcohol.) A 14 year old normally has a lot to say in determining custody. If you were told you had a 50-50 chance of winning custody you may have been given a good estimate based on other factors you have not mentioned.
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