My apologies, I did not discern that from your facts.
Based on your facts and the activities your former husband is involved in, including smoking marijuana, especially in the presence of your son, I believe you have grounds for any Judge to award you full physical custody and because your former husband is high most of the time, I believe that you would also be awarded full legal custody so that you would not need his consent for any major decisions in your son's life.
If a custody Order has already been entered, you should file a Petition to Modify Custody, alleging everything you have stated here and asking the Court to award you sole physical and legal custody of your son.
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ANDREA, JD, LLM
MEMBER, NY & PA BAR
Edited by ANDREA, on 8/1/2010 at 1:50 AM EST