How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask FamilyAnswer Your Own Question

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 15975
Experience:  7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Type Your Family Law Question Here...
FamilyAnswer is online now
A new question is answered every 9 seconds

My ex is smoking marijuana in the house with my son and her

Resolved Question:

My ex is smoking marijuana in the house with my son and her other child asleep in their beds. In the State of Florida marijuana is still illegal and I do not consume or condone that behavior. The only real evidence I have is her brother's message on Facebook about him smelling it through the air vents in his room and the fact that I saw her smoking dope while my child was in the house. Can I take legal action to prevent the endangerment of my child? If so how would I do this?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. As a parent, you always want to act in the best interest of your child. With that said, if your ex is smoking marijuana with the children present in the home and it could impair and effect his ability to care for the children or act in the event of an emergency, you can certainly file a motion with the court, asking to modify custody and the parenting plan. The burden would be on you, as the moving party, to show the Judge what the father is doing in the home, with the children present. This can be done through testimony ( that of you and what you saw along with her brother) and any other physical evidence such as the Facebook post, about him smelling it. The Judge may be inclined to order random drug testing of the father and making him re-frame from it, as a condition of having the children around. The Judge may also be inclined to take away overnight visits or reduce the amount of time the child can be with him, if this continues. The clerk of court, in the county where you resides, has forms for you to obtain, which you can fill out and file, to start the process. Here is also a link to the form which you may be able to use as well, which you can review now.

http://www.flcourts.org/gen_public/family/forms_rules/905a.pdf

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.


So I would just go up to the courthouse in Santa Rosa County and file a motion? My worry is my lawyer that handled my custody agreement did not have any real evidence she was doing this at the time we were working to obtain said agreement. My ex-girlfriend just stopped smoking in plans of being drug tested. So therefore we gave up plans of pursuing her drug habits. Is this Facebook message evidence worth pursuing or will the legal proceedings give her time to yet again fool the legal system into thinking she's a non-drug user? My time and money is very valuable to me and if this will end up being a dead end in my goal of full custody I do not wish to pursue because it will end up being harder for me to maintain to peaceful custody agreement with my ex.

Expert:  FamilyAnswer replied 1 year ago.
Yes, you would go and file the forms with the clerk of court. As far as the issue with the drug testing, the Judge could make it more then a one time thing. It could be random, so she would never know when she would need to submit to it. The facebook message alone, may not be enough. If her brother was willing to testify as to what goes on in the home, that would certainly strengthen the case and of course, your testimony as well, would be considered by the Judge. If money is an issue, you can pursue the matter yourself and do not need to retain legal counsel, so that is something to consider as well. While I understand the need the keep the peace, as a parent myself, you also need to act in the best interest and protect your child, if this behavior is going on around them.
Expert:  FamilyAnswer replied 1 year ago.
Hi John. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 1 year ago.


Thank you for your information, I will connsider going the legal route again but after talking to my father I have to really sleep on it. On one hand I do want justification but on the other I know it will stir up the bee hive so to speak.

Expert:  FamilyAnswer replied 1 year ago.
I understand. You may, if you feel comfortable, try and speak with her, express your concerns and advise her what action you may take, if this continues. Hopefully, this will be a wake up call, letting her know you are aware and that it needs to stop when the child is present. Please let me know if there is anything else. If not, please remember to rate my help with 3, 4 or 5 faces, so I can get credit for my answer. Thank you.
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 15975
Experience: 7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
FamilyAnswer and 7 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney