My baby is six months old and her father and I do not live together. He smokes pot everyday and has even smoked by while driving the car with my daughter in it. He wants to take the baby overnight and I refuse. Will the law force me to allow him to take our daughter even if he tests positive for marijuana?

Have you two worked out a legal, written agreement?

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Originally Posted by margetrepina

My baby is six months old and her father and I do not live together. He smokes pot everyday and has even smoked by while driving the car with my daughter in it. He wants to take the baby overnight and I refuse. Will the law force me to allow him to take our daughter even if he tests positive for marijuana?

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Has he been established as the child's legal father through either a court-ordered DNA test or by signing a paternity acknowledgment and having his name placed on the birth certificate?

I assume you do not have a court-approved agreement? If not, I'd refuse to let him take the child also.

If you DO have a court-ordered agreement, then you need to let him take the child when the court has granted him visitation rights. If you disagree with the current order, file for a modification.