Is recreational drug use relevant to child custody?

[Mauschen]

I am currently requesting child custody modification through the court due to my ex neglecting and abusing our 2 children. My ex binge drinks and smokes marijuana, but as far as I know he does not do this in the presence of the children. He does smoke when they are in his home and asleep, but there is no way I can prove it. My attorney says that I would probably have to prove that he does it when the kids are around, but doesn't doing something that is illegal show a parent may have a lifestyle problem in general? Anyone have any experience with this?

 

Just for the record, I realize that many normal, productive people drink and smoke marijuana sometimes. In my ex's case, he does it in excess and it interferes with his life

[Feelin Frisky]

This is certainly something you can use if you want to win. I don't think you have to prove anything either. If you are sure he does this and that it is an issue and he is likely continuing to do so, you have the advantage. For the record I too do not condemn people for such things. I'm just giving my thoughts that it's fair game in your situation. Good luck.

[lastresort]

think it depends on where you live. I live in California where it is somewhat legal, especially if you get a state issued card for it. When my wife left i had the same thought and i quit drinking and smoking MJ. You really can't pursue it with out hard evidence to prove they are doing it, you can't go on hear-sake, that is what your his attorney would defend with. You can try and get a court ordered drug test, my attorney says that could take up to 30-45 days in our state at which point I would have been notified when the attempt for the court order was made. MJ is out of your system with in 30 days and can be masked by many things you can purchase OTC at any head shop. I have custody of the children and i would never do this while i am in control of the kids, drinking a couple beers while cooking dinner is acceptable but being stoned with the kids in the house is just asking for trouble.

When i first read this i thought it may be my wife on these forums.. LOL

[htctouchpro2]

it's hard to prove MJ since it takes a while for a court order mandate to get a drug test, and by then it would be out of his system.

[Mauschen]

Thanks for all of the advice. I think our case will be fine without bringing marijuana into the equation. I have documentation from the school, doctors, and a psychologist of ongoing abuse and neglect. Hopefully that will be enough.