Legal Question in Family Law in California

Re: marijuana use

Your perception of your drug use as casual (e.g., not a problem in parenting) may or may not be accurate. But you do use marijuana, an unlawful substance, and that is a potentially serious issue for your custody case. You need a lawyer who can advise you on the law regarding drug testing - there are specific statutory provisions in the CA Family Code on this issue, including the burden of proof for orders for drug testing and what type of testing can be ordered - and how that impacts custody. You also need a lawyer who can advise you on how to address the issue with the court on a practical level given the particular facts of your case. Bottom line: Your admitted prior drug use may not result in any permenent (or even temporary) change to custody or visitation if you can show that you are taking the issue seriously, are no longer using and are seeking treatment (if the facts warrant), combined with a lack of proof that the use impacted the children. But only an experienced attorney with full information can advise you competently