Hi there,

So I have a question. Here are the particulars:

  • Married 6 years
  • 1 child, 2 years old
  • He is the only one that works
  • He smokes marijuana. Has done regularly throughout the married (as well as before)

She is petitioning for majority custody as well as child support and possibly alimony. He is far from wealthy, so I don't see how she could get alimony.

Her case hinges on his marijuana use. She was a casual smoker as well up until a couple of months ago. She is arguing that his use of marijuana makes him unfit to have custody.

They currently reside in Southern California. They are separated and living with their respective parents at the moment and sharing custody.

Does she have a strong case?