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California man retains child custody in medical marijuana case

On Behalf of Cullen Family Law Group | Dec 18, 2012 | Custody & Visitation |

Parents may lose custody of their children for a myriad of reasons. If they use drugs, for example, there may be a concern that they are endangering their children. When it comes to medical marijuana, the courts may have to decide if a child is safe in an environment where it is used. Recently, a California man was allowed to retain child custody despite smoking marijuana for medicinal purposes.

The Los Angeles County man has custody of his 2-year-old son due to the child’s mother suffering from a history of mental illness and drug abuse. However, county child-protective services believed that this man was endangering the child because he smoked medical marijuana several times weekly to alleviate arthritis pain. In 2011, the man explained to a social worker how he took care of his son and prevented him from being affected by his marijuana use. Although child-protective services determined that the child was healthy, they took the father to court because of his drug use.

The Superior Court placed him under the supervision of child-protective services, and he was ordered to take parenting classes, receive drug counseling and take random drug tests. The Second District Court of Appeal in Los Angeles overturned this ruling because the court could not find any evidence that his son was exposed to the drug use or secondhand smoke. The court concluded that the father’s use of marijuana did not constitute drug abuse, so it should not impact child custody.

The county could still appeal this ruling to the California Supreme Court, since it is clear that the courts disagree on what is in the best interests of the child. For now, the father may feel a sense of justice knowing that his method for treating his health issues will not compromise his child custody rights. Custodial parents in our state who face similar situations may wish to better understand all the nuances in cases like this so that they can be prepared to fight for their rights and those of their children.

Source: sfgate.com, “Court lets pot smoker keep child custody,” Bob Egelko, Dec. 6, 2012

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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