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What can I do If my son's mother allows Marijuana to be smoked in the same house he lives in?

Three Rivers, MI |

My ex and I have been going to court for the past 10 months. I have been trying to see my son but due to his age (10 months) they are only giving me 17 hours a week with no overnights. I have to pick him up and drop him off where she tells me to and most of the time its at her Dad's house. He has a Medical Marijuana card and can smoke it legally. on several visits I have smelled it in the house and on my son when i put him in my vehicle. I brought it up to the mother and all she can tell me is "he is legal".... she can't understand that I don't want the smoke or the person that is under the influence of drugs or alcohol around him. What can I do?

Attorney Answers 3


Do you have an attorney? If not, get one. The court can impose restrictions, such as no marijuana smoking, legal or illegal, while the child is present. If the court believes your child is at risk, the court might choose to do something about that. Notwithstanding the fact that her father is "legal," the court, in my opinion, would not condone smoking in the presence of the child. If it is constant, you might want to contact Child Protective Services and report the situation which you believe is harmful to your child.

Again, if you don't have a lawyer, get one. The lawyer will know what steps should be taken to protect your son and your interests.

Neil M. Colman

Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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You need to consult with a lawyer from your county to see what the Judge's particular feelings are regarding the medical marijuana card. Just because her dad has a medical marijuana card does not mean the Judge is going to allow him to use marijuana in the presence of the child.

To change custody, you would have to present clear and convincing evidence that a change of custody is in your child's best interest. If you just want more parenting time or rules on mom for her parenting time, that can be accomplished through a motion. A lawyer who practices family law will be able to help you -- don't try to make any changes on your own.

Good luck,
Shannon Smith

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I agree with the other attorneys on this one. Simply because the grandfather is legally allowed to smoke marijuana does not mean it is ok for the infant to be around. There are many things "legal" for adults that are harmful to children. Seek the help of an attorney in your area and discuss the issue with Child Protective Services right away.

The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice.

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