Legal Question in Family Law in Kansas
custody and drugs
My friend wants to divorce her husband but is afraid to because her husband smokes pot, she doesn't want their child around him when he does it. Can the court help
3 Answers from Attorneys
Re: custody and drugs
If the father has a continuing marijuana use habit, the divorce court judge would likely be persuaded to include a prohibition against marijuana use in the parenting plan and divorce decree. The father can hardly argue against a provision which simply calls for him to obey the law. If the father is willing to ignore the law in the first place, he will probably ignore the provision of the parenting plan as well. If the mother can prove his violation of the court's order, father's parenting time might be limited further or might be supervised. If the father has a serious drug habit, that seems to be a reason for divorce, not a reason against it.
Re: custody and drugs
If the father has a continuing marijuana use habit, the divorce court judge would likely be persuaded to include a prohibition against marijuana use in the parenting plan and divorce decree. The father can hardly argue against a provision which simply calls for him to obey the law. If the father is willing to ignore the law in the first place, he will probably ignore the provision of the parenting plan as well. If the mother can prove his violation of the court's order, father's parenting time might be limited further or might be supervised. If the father has a serious drug habit, that seems to be a reason for divorce, not a reason against it.
Re: custody and drugs
If the father has a continuing marijuana use habit, the divorce court judge would likely be persuaded to include a prohibition against marijuana use in the parenting plan and divorce decree. The father can hardly argue against a provision which simply calls for him to obey the law. If the father is willing to ignore the law in the first place, he will probably ignore the provision of the parenting plan as well. If the mother can prove his violation of the court's order, father's parenting time might be limited further or might be supervised. If the father has a serious drug habit, that seems to be a reason for divorce, not a reason against it.
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