If my boyfriend gets caught with marijuana can our baby be taken from my custody? 1 Answers as of February 24, 2011

We live together in Florida and my boyfriend smokes marijuana on a daily basis. I do not use any drugs. We have a 4 month old son. If he gets caught with marijuana, either at the house or in his car/on his person, will our baby be removed from my custody? Also, when I break up with him and kick him out of my house, what rights will he have when it comes to custody and visitation of the baby if we are not married? Thanks for your help.

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Rhonda R. Werner Schultz, PL
Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
If you expose your child to the continued marijuana use you could be at risk of losing your child through DCF intervention. You have a duty to keep your child away from the marijuana smoking and if you know it is happening you are contributing to the "abuse." You should tell your boyfriend if he plans to live with you he needs to stop smoking, at least in the home and anytime around the child. If your boyfriend is the father of the child he needs to start a paternity action to establish his rights. Until Paternity is established by an Acknowledgment of Paternity filed at time of the child's birth, or by a Paternity Judgment he has no legal rights to the child. The Paternity Judgment also typically establishes child support that he must pay to you.
Answer Applies to: Wisconsin
Replied: 2/24/2011
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