Husband and I got our recommendation today. 50/50 with him paying $67 a month in support (we have 2 daughters- ages 22 months and 4 months). He is refusing to settle because he doesn't want to pay me any support. And he is obsessed with getting me in trouble for having my medical card. He says he won't settle until I agree to submit to random drug testing until our oldest daughter is 5. Can he do this? I have this card legally and he is only trying to cause problems for me.
MCL 333.26424(c) states that "A person shall not be denied custody or visitation of a minor for acting in accordance with [the Michigan Medical Marihuana] act, unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated."
On the one hand, he can settle or refuse to settle for whatever reason he wants. However, the remedy if he refuses to settle is that the case goes to trial. At trial, the judge would have to determine whether your marijuana use "creates an unreasonable danger to the minor that can be clearly articulated and substantiated." In theory, this is a difficult standard to overcome, especially if you are taking care to make sure that you are never under the influence of marijuana in front of the children. In practice, the MMMA is still relatively new and different judges apply it differently. But, your recommendation (I assume from the FOC, please correct me if I'm wrong) would indicate a substantial likelihood that the court is likely to regard your marijuana use as a non-issue. Also, is your case out of Washtenaw County? If so, that probably bodes in your favor as well.
That said, you ultimately have to ask yourself if this is an issue that is worth going to trial over. Even if you win at trial, it will be a daunting experience for you and your family. Family court trials have a way of driving a wedge into an already deeply divided family situation. I usually counsel my clients to view a divorce or custody trial as a last resort. Only you can decide if this an issue that is worth taking that far, but just make sure you know the costs when making the decision.
Also, if you don't have an attorney already, I would suggest that you get one. I have known very few people who are able to get a favorable outcome in a divorce without having an attorney. And, even fewer where there are children involved. Your medical marijuana card adds another complexity to your situation as well.
If you would like to discuss in greater detail, please call my office to arrange a free consultation: (734) 740-3239.
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