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Mother fights state in child custody battle

Most Ohio parents will do just about anything to help their children when they are hurting. One mother desperately wanted to help her 3-year-old daughter and is now fighting a child custody battle against the state for both of her children. Her most recent child custody hearing was distressing, as the judge ruled that the children should stay with her ex-husband.

The 23-year-old mother said her daughter was having seizures, hallucinations and was vomiting due to the effects of Risperidone, an antipsychotic medicine. The child had been taking the medication off and on for several weeks. To combat the side effects, the mother made the child a smoothie that contained marijuana butter. It did help with the seizures and hallucinations, but the girl tested positive for marijuana later that day during a doctor's exam. The doctor was required to report the results, and the children were removed from the home following misdemeanor injury and criminal charges against the mother.

The four-hour misdemeanor child protection hearing was held to determine if the state had the right to deny custody of the children to their mother. Instead of taking the children away from both parents, the judge allowed the father to maintain custody with the mother having visitation rights. The mother will be facing a jury trial in the criminal case where her attorney will argue that the child was not injured in any way even though the marijuana was illegal. Both the doctor who reported the girl as well as the caseworker from Child Protective Services have already testified that there was no injury upon examination.

Child custody battles can be complex and can cause significant stress for parents and children. Parents are responsible for keeping the best interests of their children at the center of any custody fight. It is usually helpful to find an Ohio attorney with experience in family law to guide a person through the legal process of determining a fair agreement.

Source:, "Pot butter mom denied custody of children", Alex Riggins, Dec. 22, 2016

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