Can the state take our chrildren from us?

[scadh]

State of Missouri.

My wife and I have 4 children, the eldest 3 of which are from my wife's previous marriage. We do not have full custody, though the children live with us full-time.

I am a recreational marijuana user and often have a very small quantity (1/4 ounce or less) in a fireproof lockbox that I keep locked in my office. I do not smoke in front of the kids, obviously, and make every effort to be as discreet as possible.

However, my wife is concerned that if the younger children find out about my marijuana use, they will tell their biological father. My wife believes that her ex-husband will, in turn, contact Family Services or whatever administrative body manages custody and child
support arrangements in Missouri with that information in an attempt to get the children taken away from us (the truth is that he doesn't even WANT the kids all the time, but would endure it in order to avoid paying child support).

My question is this: if push came to shove and Family Services (or whoever) was made aware of the circumstances I have described, would possession of a misdemeanor amount of marijuana be sufficient grounds for them to take our 3 oldest children away from us and order them to live with their father?

I am a 37 year old responsible adult with no trace of a criminal record. I have a good job, work hard for my money and provide a nice, upper-middle-class home for our children to grow up in. The children's biological father has a history of violent behavior (outside the home -- never towards his kids), adultery and 3 failed marriages (married a 4th time now). He's a career military guy who spent the last couple years away from his kids in Afghanistan and is trying to get sent back for another tour of duty soon.

It seems highly unlikely to me that any court or governing body would think it was in the best interest of the children to pull them out of their home and schools and relocate them to live with their father because I possess a misdemeanor amount of marijuana which I am careful to keep concealed.

I enjoy the recreational use of marijuana and want to continue, but any risk of losing our children is one that I am unwilling to take. I will change my lifestyle if I need to, but I'm hoping for an expert in Family Law to tell me that I need not worry about that happening.

Thank you for reading about my situation. I would greatly appreciate any insight that you might be able to give.

 

[Duranie]

Marijuana is still illegal and it is treated like an illegal drug because it is one.

IF Dad raises a huge stink about it, I suppose it is always possible this can wind up in court. Nobody can predict what a court will do.

So I guess don't worry about it until something happens. Nobody on here is going to tell you it is ok to keep pot in your house.

 

[scadh]

Marijuana is still illegal and it is treated like an illegal drug because it is one.

IF Dad raises a huge stink about it, I suppose it is always possible this can wind up in court. Nobody can predict what a court will do.

So I guess don't worry about it until something happens. Nobody on here is going to tell you it is ok to keep pot in your house.

Agreed completely. I don't want or need anyone to justify what I do or tell me that everything is okay. I'm not here for moral guidance, but legal guidance.

My personal belief regarding the *morality* of the situation is the only counsel I'll keep. The *legality* of the situation is another matter, though. Understanding the legal ramifications if the situation should come to a head is why I came here and, unless I'm mistaken, is the sort of topic that this forum is set up to discuss.

As such, I would be deeply grateful for any insight into how the state might respond to such a situation, or what (if any) impact it would have on the legal recourse available to the biological if he chose to take that path.

 

[christi76]

I'M NOT A LAWYER but i do know that if you are careful and keep it away from the kids and never use in the home when they are around to question the smell u should be ok i would not worry about the ex as much as i would worry about the schools they teach kids to be aware of such things and advocate them telling when they suspect so good luck and be careful u dont want them thinking its ok to use drugs because even thou you know it harmless you dont want them useing harder worse drugs thinking if ur weeds ok the others must not be that bad either

 

[augustbaby1968]

You are playing Russian roulette with your kids. Family services will take kids for less allegations than that. Beware and don't think that just because you are a good person with an outside appearance of a stable life will not deture cps from investagating.

Go to www.familyrightsassociation.com and read what has happened to other familes. There is also other information about what to do if cps shows up at your door unexpectedly, and how to protect yourself and your family. The worst thing you can do is tell yourself that "it can't happen to people like myself" because it can.

 

[Zofnas1231]

I have dealt with child services in the past and have sat in on quite a few cases. Marijuana is an illegal drug and to them if you are doing marijuana, you could also be doing other drugs as well. Child services is not something you would want to deal with! Once your children are removed from your home, they are hard to get back although the courts say they want to reunify you with them. It takes little to no evidence to have a child removed from your home, just a phone call. If such does occur and they show up...DO NOT LET THEM IN AND DO NOT SPEAK TO THEM. You have rights, GET AN ATTORNEY!!!!!!!!!!!! Good luck and if you must use this crap then amke sure your kids can never find it!!!!!!!! Better yet, stop smoking it!