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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in Colorado where marijuana is legal, however my 5 year

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I live in Colorado where marijuana is legal, however my 5 year old son's father smokes daily and I believe he is smoking before driving my son places. I am pretty sure he is smoking while my son is at is house (not in front of him). We have 50/50 custody. How do I prove this? Is there anything I can do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
Just because state law now states that marijuana is legal does not mean that a parent can smoke in front of their child and/or while their child is in their care.
Compare this to alcohol. If the parent constantly drank while having custody of the child, would the Court continue to allow them to do so?
Someone in your situation may wish to threaten or file a suit to MODIFY custody and get custody for majority time, with him only visitation - perhaps no overnights and supervised - whatever the Court deems fit.
See here and see instructions.
The Court will modify custody if it feels that:
-there has been a significant change which warrants reconsideration, and
-it is for the best interest of the child.
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