Is there anything we can do??

[Ealane2011]

DH and I had SD5 this weekend. When we got to where BM wanted her dropped off (BMs Dads house) the house was ridiculously cloudy from smoke and a bunch of teenagers who looked stoned out of their minds, including BM. No wonder the poor girl is always hacking up a lung when shes with us. We hate having to leave SD in that kind of environment. It's not healthy for her at all. Is there any kind of actions we can take!?

[shanlee42]

Have you contacted a lawyer?

[EmBoogRaysMommy]

Where do you live? I know pot is legal in some states. I know that if it is not legal in your state then that would be considered child endangerment. Even if it is legal you might be able to claim that based on the fact that your SD was forced to breath in so much smoke which is hazerdous to her health. 

[whatIknownow]

are you asking if your husband can file for custody based on suspected drug use in Mom's home?

[Ealane2011]

We have a shitty lawyer atm who is pretty much just getting DHs name on the birth certificate and making sure he got visitation.

Quoting shanlee42:

Have you contacted a lawyer?

[Ealane2011]

We're in Ohio. It's not legal here. Man I'm not against moms who smoke but that is crazy to do it around where your children can breathe it in.

Quoting EmBoogRaysMommy:

Where do you live? I know pot is legal in some states. I know that if it is not legal in your state then that would be considered child endangerment. Even if it is legal you might be able to claim that based on the fact that your SD was forced to breath in so much smoke which is hazerdous to her health. 

[saywhat2102]

While smoking in a house is an awful idea. Its legal. Not sure if your stepdaughter has a med condition that prohibits smoke? Even then no need for a custody change just a hey they bm tell your dad to chill with the smoke. As far as the wacky weed claim...no proof so its a mute point really.

[Ealane2011]

In a way, yes. The only thing is we can't get proof. My SD knows what weed is and can tell you how to use a pipe to smoke it. She explained it to me when she was 3 1/2?!? So her mother evidently uses around her. And I asked SD if she could get a hold of it if she tried and she yes she used to leave it on the kitchen table.

Quoting whatIknownow:

are you asking if your husband can file for custody based on suspected drug use in Mom's home?

[Ealane2011]

It wouldn't surprise me if she did. She's always coughing it seems. DH don't smoke around her at all or even in the car with the kids. BM has her head so far up her ass about partying and getting drunk DH couldn't ask her anything. It's like she loves her daughter but could care less about her well being

Quoting saywhat2102:

While smoking in a house is an awful idea. Its legal. Not sure if your stepdaughter has a med condition that prohibits smoke? Even then no need for a custody change just a hey they bm tell your dad to chill with the smoke. As far as the wacky weed claim...no proof so its a mute point really.

[EmBoogRaysMommy]

If it was marajuana smoke you would have known for sure by the smell. If you really think that she is smoking pot around SD then you should file a CPS report. A child should not under ANY circumstances be exposed to marajuana smoke, legal or not. If CPS shows up unanounced and finds illegal stuff in her home then I would think that she would imediately be removed from the home. I could be wrong on that though. 

Quoting Ealane2011:

We're in Ohio. It's not legal here. Man I'm not against moms who smoke but that is crazy to do it around where your children can breathe it in.

Quoting EmBoogRaysMommy:

Where do you live? I know pot is legal in some states. I know that if it is not legal in your state then that would be considered child endangerment. Even if it is legal you might be able to claim that based on the fact that your SD was forced to breath in so much smoke which is hazerdous to her health. 

[Ealane2011]

DH didn't specify if it was cigarette or marijuana smoke. I know she smokes around SD because how else would a 3 year old be able to explain to me in detail how it is smoked. I played dumb and asked her because she made a comment about drugs. She went to my kitchen and grabbed a Baggie and rolled it up and said "it's rolled up like this with green leaves in it and you put it on top and light it on fire and smoke it". She even mimicked with her hand how you would hold the pipe. The only problem with calling CPS is BM supposedly has her own place but when we pick up SD she's always at her moms or dads. We never know where she is or where this would be taking place.

Quoting EmBoogRaysMommy:

If it was marajuana smoke you would have known for sure by the smell. If you really think that she is smoking pot around SD then you should file a CPS report. A child should not under ANY circumstances be exposed to marajuana smoke, legal or not. If CPS shows up unanounced and finds illegal stuff in her home then I would think that she would imediately be removed from the home. I could be wrong on that though. 

Quoting Ealane2011:

We're in Ohio. It's not legal here. Man I'm not against moms who smoke but that is crazy to do it around where your children can breathe it in.

Quoting EmBoogRaysMommy:

Where do you live? I know pot is legal in some states. I know that if it is not legal in your state then that would be considered child endangerment. Even if it is legal you might be able to claim that based on the fact that your SD was forced to breath in so much smoke which is hazerdous to her health.