My son's father uses marijuana multiple times a day. When he uses he becomes very spaced out and forgetful. I worry about the safety of our child when he watches him alone. We are currently going through court to work out a custody arrangement. He wants 50/50, but I am very uncomfortable with the idea. How will his drug use affect his argument for custody?
Family Law Attorney
It depends upon how whether it affects his parenting and the individual opinion of the judge in the case. If he uses it around the children, it will be negatively considered for sure. If not around the children, then maybe not so much.
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My colleagues are correct. Out her in CO and WA it would not be a deal-breaker. However, you are in NY. A judge has an incredible amount of discretion in a case and if they frown on marijuana use, even if it is for medical reasons, then it harms your case.
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Criminal Defense Attorney
Since marijuana, rightly or wrongly, is still a Class I controlled substance per the federal government, and illegal in NY, and if you can show this degree of use by dad, he should not be successful. One may infer even if he does not smoke when the children are visiting, it is stashed in the house, it is a violation or crime, depending upon the quantity, and what if the kids find it? You get the idea.
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