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2 Bumps

My husband has a warrant in MD, Rx for pot, not on birth cert. We live in CA.

could he get custody if we divorce? he was in prison when our son was born therefore he wasn't on the bc. Our son is now 8. my husband also has a long standing drug warrant for his arrest in MD. here in CA they won't arrest him but it's still an active warrant. pot. he has a script for pot and smokes like a chimney.

if we divorce what are his chances of getting our son?


Asked by Anonymous at 10:50 PM on Jan. 29, 2013 in Relationships

This question is closed.
Answers (18)
  • If he is using the pot legally, that can not be used against him.
    The MD charges, you would think would count against him but I suppose it depends on what the warrant is for.
    Unless you are proven to be an unfit mother or you release custody, it is doubtful he would get full custody. You may end up with shared custody though.

    BTW his DNA is all that matters not whether his name is on the birth certificate and the fact that he has been raising his son also is in the plus column.
    Talk to an atorney who knows your state laws.

    Answer by Dardenella at 11:55 PM on Jan. 29, 2013

  • if you move to MD, then file for divorce- chance sound pretty low
    i do not know about CA
    i would call a lawyer
    are you worried about him getting time alone ...or... have custody over you?

    is there a reason he would get child over you? or are you thinking half time?

    more background on why divorcing, and how you feel about him being father
    if pot legal in CA, i do not see courts holding that against him

    i am no legal person
    that is why i call my lawyer on my stuff

    good luck

    Answer by fiatpax at 10:56 PM on Jan. 29, 2013

  • " could he get custody if we divorce? "
    " we are just having issues. i don't believe we are divorcing. "


    confused thought this was a custody question



    Answer by fiatpax at 11:25 PM on Jan. 29, 2013

  • I don't understand the Rx for pot... he has a prescription, then? In California? What's the warrant for?

    Although... if he's not on the birth certificate he'll have to get a paternity test if he wants to try for custody. CA law requires judges to consider the best interests of the child. The warrant, any legal issues you've had since you moved to CA will weigh AGAINST Dad.

    You need to consult with an attorney to set your game plan. I'd expect you to get full custody, though.

    Answer by gdiamante at 11:46 PM on Jan. 29, 2013

  • You picked a real winner, didn't u!

    Answer by Anonymous at 11:50 PM on Jan. 29, 2013

  • IF you were legally married when the baby was born then your husband is assumed to be the father. He probably wouldn't even have to do a DNA test. All he'd need to do would be to prove he couldn't be there to sign the certificate at birth.

    Answer by winterglow at 5:57 AM on Jan. 30, 2013

  • Have documentation for everything. If your DH has a long standing drug problem than yes the court will take this into consideration but you need to have proof.

    Answer by RyansMom001 at 6:06 AM on Jan. 30, 2013

  • Why are you with this person? Is this the role model you want for your children?

    Answer by booklover545 at 10:24 AM on Jan. 30, 2013

  • we are just having issues. i don't believe we are divorcing. i do worry about all the pot use. at least while we are together I can make sure our son isn't around it. i guess i was just wondering if any of that would affect him. thank you.

    Comment by Anonymous (original poster) at 10:59 PM on Jan. 29, 2013

  • You 2 could get shared custody, but if he was not on the BC, the court may require DNA testing, its hard to tell really in cases like that. As for the warrant, they can't arrest based solely on that, but if he get pulled over for whatever reason, MD may extradite back. Or the judge himself may send him back. But since the RX law for pot in CA, judges can't base their decision solely on the father's marijuana use unless there was a specific finding that the drug use harmed or endangered the child, either physically or mentally.

    Answer by Michigan-Mom74 at 11:01 PM on Jan. 29, 2013