Legal Question in Family Law in Ohio

custody

if i have smoked pot in the recent past im now going through a divorce my husband threatened to use this against me in court to give custody to his mother. can she get custody of our children. he has drug history also with cocaine. have been clean for a month now.


Asked on 3/03/07, 9:27 am

1 Answer from Attorneys

Ryan D. Kuhn Kuhn Limited

Re: custody

"Within the framework of the statutes, the overriding principle in custody cases between a parent and non-parent is that natural parents have a fundamental liberty interest in the care, custody, and management of their children." Santosky

Ohio uses a parental suitability standard/test. "A court may not award custody to the nonparent without first determining that a preponderance of the evidence shows that the parent abandoned the child; contractually relinquished custody of the child; that the parent has become totally incapable of supporting or caring for the child; or that an award of custody to the parent would be detrimental to the child. If a court concludes that any one of these circumstances describes the conduct of a parent, the parent may be adjudged unsuitable, and the state may infringe upon the fundamental parental liberty interest of child custody." Hockstok

You husband can introduce your drug abuse. However, I certainly think you have a strong argument that your occassional pot use does not render you 'unsuitable'.

Good luck

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Answered on 3/04/07, 12:28 pm


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