Legal Question in Family Law in California
I am a Medical Marijuana patient and am currently in the process of obtaining guardianship of my niece. The opposing party filed petitions alleging that marijuana is smoked in the home with the children present. This is completely untrue. I am very private about it. The kids never see it. How should I approach this in my response to the objection and what form do I file with the court?
1 Answer from Attorneys
The use of marijuana when dealing with parenting issues is still unsettled in California even if you have a medical marijuana card. The concern is whether or not the children would be exposed to secondhand smoke or have accessibility to the drug. The other concern is whether or not the caretaker would be under the influence of a product that is not being properly regulated by federal law and is still considered a controlled and illegal substance under federal law.
You really need the services of an experienced family law attorney to assist you to properly manage your case.
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