Legal Question in Family Law in Washington

Re: losing custody because of marijuana

I hope that your son has a good public defender or private criminal defense attorney to deal with the police raid. Assuming he survives that matter, and everything is straightened out, the next real issue is CPS and the ex.

Just because your son is within his legal rights to use marijuana (something that I take your word on for purposes of answering this question), that does not mean he can't lose the kids.

CPS and the ex can argue that your son's use of marijuana is more detrimental to the children than moving the children in to live with mom. I've seen this happen before. They will also argue that the fact that your grandchild now uses marijuana himself demonstrates that your son has already had a detrimental effect on your grandson.

Since nothing has been filed in court, there really is not much you can do, given that it's all speculation. If something is filed, then I suggest that you get in touch with a good family law attorney who can help deal with whatever allegations and the basis for those allegations that may come your son's way.