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Child custody disputes can and do occur during divorce, but they can also occur if a state agency is concerned about the welfare of children. In those types of disputes, parents are sometimes clearly in the wrong. In other cases, though, parents may be well within their rights as parents and as citizens. A Michigan couple recently regained child custody of their infant daughter after Child Protective Services had removed her due to concerns that the couple was growing and smoking medical marijuana.
Child Protective Services removed the infant girl and a young boy due to concerns that the children had been exposed to danger. While the parents maintained that they use marijuana to treat their conditions — the father reportedly to treat multiple sclerosis and epilepsy and the mother reportedly to treat multiple sclerosis — they also maintained that they did not medicate around the children. During the investigation into the claims and before the trial, the children were placed in temporary custody with their maternal grandmother.
According to law enforcement, there has been a steep increase in patients reportedly needing medical marijuana now that it is legal for health purposes. It would appear that, at least in this particular case, the law agrees that a medical condition that necessitates the smoking of marijuana does not necessarily make someone a bad parent. Exposing the children to danger, smoking the substance in front of them and leaving the room used to grow the plants unlocked, on the other hand, may constitute bad parenting and could be cause for altering child custody.
The parents in this case ultimately won their child custody battle against Child Protective Services. State officials stood by Michigan’s Medical Marijuana law, which does not authorize removing children from the homes of those licensed to provide and use medical marijuana. It would stand to reason that countless other couples are currently facing this same child custody complication, but only time will tell whether additional cases will find their way before our courts.
Source: LSJ.com, Baby Bree returned to medical marijuana-using parents, Bill Laitner, Oct. 25, 2013