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Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My ex is smoking marijuana in the house with my son and her

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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?
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.

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Customer: replied 3 years 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.

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.
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 3 years 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.

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.
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