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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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