Fresno, CA asked in Family Law for California

Q: Is it legal for CPS to remove my children from my custody because I tested dirty for marijuana. Im in Fresno CA

The mom gave birth and tested dirty for meth , I was unaware. Upon finding out at the hospital I didn't let her come back to the home. Social worker asked if I was willing to test and I did. I came back positive for marijuana. In California it's legal for recreational use. And I thought CPS was state funded. Is it legal for them to do that. I don't use in front of the kids , after they are in bed I unwind with a joint. Is it right ? That's controversial, I think it's safer than alcohol, but I suppose I can understand their logic that I'm not a sober parent. Marijuana has never caused me to black out and not remember what I've done , at best I'm more submissive and let things go that sober I would not tolerate. I know because I'm 31 days clean from marijuana. As asked by CPS if I would stop smoking and I have. They told me that although I may compare it to alcohol "the department considers it just as dangerous as meth or heroin". How is this legal for them to do? Should I get an attorne

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1 Lawyer Answer
Mike Darlington
Mike Darlington
  • Shingletown, CA
  • Licensed in California

A: Yes, you should definitely get an attorney. There is something missing from your story and you need to sit down with a professional who can sort through all of the facts.

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