Asked in Family Law and Child Custody for Virginia

Q: Hello, my ex has recently gotten married. My concern is that his new wife very openly uses marijuana.

I say “openly” because she was interviewed by a journalist where she stated her regular drug use during her pregnancy and for medicinal reason (article has her name and a photo of her holding two bags of marijuana) they live in NC now. Can I withhold visitation of our daughter if the wife is present?

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1 Lawyer Answer
Maciej B. Zebrak
Maciej B. Zebrak
  • Divorce Lawyer
  • Mechanicsville, VA
  • Licensed in Virginia

A: Only if there is a specific provision in your custody and visitation order (if you have one) regarding drug use as it relates to visitation. What you can do is file a motion to amend custody/visitation (again if you have a custody and visitation order) and present evidence to the court regarding your ex's new wife's marijuana use.

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