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    margetrepina's Avatar
    margetrepina Posts: 1, Reputation: 1
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    #1

    Jan 27, 2011, 11:11 AM
    Will law allow pot smoking father to take baby for visitation?
    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?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #2

    Jan 27, 2011, 11:15 AM

    Have you two worked out a legal, written agreement?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #3

    Jan 27, 2011, 12:36 PM
    Quote Originally Posted by margetrepina View Post
    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?
    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.
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