The Medical Marijuana Act states that a person shall not be denied custody or visitation of a minor for acting in accordance with the act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated. MCL 333.26424(c).
Thus, if you have concerns that your child is in unreasonable danger, you must have specific, identifiable, and admissible evidence that substantiates your claim. Keep in mind, that the court’s main objective is looking out for the best interest of the minor child(ren). The court must weigh the alleged danger to the child, with the need for the child to have a relationship with both parents.
If you are dealing with medical marijuana use in a child custody case, please contact the attorneys of Serafini, Michalowski, Derkacz & Associates, P.C. at (586) 264-3756.