Medicinal Marijuana......
Ok - this isn't an attempt to start a debate on the subject...rather, has anyone had to deal with a parent on (or claiming to be on) MM during a custody battle? (If you want a little history on our situation please feel free to read the last blog which advises both kids also now smoke - no NOT MM)
BM was caught with her hand in the cookie jar smoking pot (cough with the kids), so has now defaulted to "its medicinal". No evidence of that was provided, prescription, doctors notes, nothing - just "her word" in a sworn affidavit. Strikes me that this could easily be a "cop out" for those caught and I wondered if anyone has experienced this in a custody battle and what came of it. I would think evidence would be required, otherwise wouldn't anyone smoking pot just default to "medicinal"?
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Give all your evidence to
Give all your evidence to your lawyer, let them present it as part of your case. Her lawyer can counter with a prescription if she has one. If part of other complaints, I don't see that it would harm your case, unless it could be turned around on you too. For us, BM smokes pot insistently, in front of SD8 too. She has even told SD that they can smoke her "medicine" together when she is old enough. But my husband also smokes, only occasionally and always out of sight and smell of SD. In the past when he has worried about going to court he has gotten rid of it but you just never know what could come back to bite you. So if he went to court, I'm not sure it is an argument that he would use (plus we know that it would be very easy for BM to get a prescription if she doesn't already have one).
To clarify - yes, both
To clarify - yes, both children have independently confirmed drug use by themselves, and by BM and her BF, and one child advised they smoke it together (kids/adults). Both kids have also independently confirmed that BM is fine if they smoke it themselves, and in fact as long as they do so "responsibly". This has been going on since the oldest (15) was 12.
When this was presented in our affidavit (not us accusing her, but us advising the child told an addiction counselor of this) BM denied the kids using (despite both of their lawyers confirming the kids stated they do?!), but advised she uses for "medicinal" reasons. BM then failed to provide ANY evidence, documentation etc of said "medicinal".
Again - this isn't a debate as to whether or not MJ should be legalized in any capacity (and frankly if it was treated the same as say alcohol it is STILL likely to be illegal to children) - that has already been ruled on by several states/countries - this is about how the courts are handling MM and custody - again, I would think that they can't just take her word and would expect evidence of it, since currently where I am it is an "illegal" drug otherwise.
WE currently have this
WE currently have this situation. BM was ordered by CPS to drug test. She confessed that THC would appear. She has a medi card, there is nothing they can do about it.
In Cali, you can get a med card on basically any street corner. It's pretty pathetic. Yet she wants child support? Nah, that's not happening.
Rite?!? So your BM has money
Rite?!? So your BM has money to buy pot, but can't contribute to her son's support?
I too live in CA, and boy does this tick me off. If you are an admitted pot user, yet can't support your kids, them maybe you shouldn't have them.
It speaks to judgement and
It speaks to judgement and character, IMO. bsgoinon's BM doesn't pay CS for her son, doesn't have custody or a job or a safe place to exercise visitation - but has money for pot?
If you have your act together, behave responsibly and handle your obligations FIRST, smoke out and enjoy as far as I'm concerned. But let's face it, marijuana ain't cheap, and regular use can put a big strain on a limited budget. bsgoinon's BM just puts drugs before her kid, plain and simple.
Which would be fine, if she
Which would be fine, if she NEEDED it. She doesn't have cancer, or glaucoma... she isn't dying or in constant pain. The only pain she is, is one in my ass.