California voters recently approved Proposition 64, legalizing the recreational use of marijuana. Regardless of one’s stance: separated mothers and fathers in a custody dispute, do not pick up the pipe just yet, and claim legalization as a defense.
Indeed, it is “the public policy of this state to assure that the health, safety, and welfare of children shall be the court’s primary concern in determining the best interest of children. . .” Family Code Section 3020(a). A major factor affecting the best interest of children is whether there is substance abuse, illegal or otherwise. Family Code Section 3011(d). This includes marijuana. (more…)