Legal Question in Family Law in Pennsylvania

Re: 5yr finds marijuana in dad's home office

The child's finding of the marijuana raises not only custody issues but divorce and criminal issues as well.

From a divorce perspective drug use could be reason to seek a fault based grounds for a divorce in addition to a divorce on consent or 2 years separation. Such grounds might give rise to allowing you exclusive possession to the marital residence.

The standard for custody matters is the best interest of the child. Drug use by one of the parents of the child is not in the best interests of a child. While one thing the courts like is that the non-custodial parent gets to maintain a relationship with the child. However, if he continues using drugs the court may only grant him supervised visitation.

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{John}