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Mother having to choose between child custody and pain relief

On Behalf of | Sep 18, 2019 | Child Custody

There are numerous reasons for which the state feels children should be taken from their parents. Sometimes child custody is taken away because of an abusive situation, but sometimes it is a situation out of a parent’s control. Ohio parents may be interested in the child custody dilemma in which a mother has found herself.

The mother is currently between having constant, debilitating pain, the aftereffects of a car accident, or maintaining custody of her two daughters, ages 2 and 4. During a visit to a friend in another state where it had been legalized, she tried CBD oil and found it eased her pain considerably. Her state legalized the substance last year, and her doctor told her she qualified for the medical marijuana program, and provided a letter of authorization. The state got involved when she and her husband lost their house and subsequently became homeless. That along with ensuing arguments between them resulted in the state temporarily removing the girls from the parents’ care.

Although the separation was for a week, the parents have had to undergo drug testing. Although only a trace, THC was detected in the mother’s system from the CBD oil, and the judge in the case has threatened to remove the girls again. The court records reveal the judge may not understand the state laws on medical marijuana. The mother has discontinued her use of the drug and is living in pain for her girls.

The head of the family and children services for the state claims they do not get involved in substance usage, legal or not, of a parent unless it affects the welfare of the child. A report claims state agencies and court officials will be attending upcoming training with representatives from the medical marijuana industry to learn more about the state’s program. In the meantime, there is a mother who desperately wants to be the best mother to her girls she can be, both physically and emotionally.

The threat of losing child custody for any reason strikes fear in the hearts of loving parents, especially when they are trying to be the best parents they can be. A battle with the court takes skill and knowledge of state laws. An Ohio attorney can help to fight that battle with all legal means necessary.

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