Harry Potter and Ron Weasley had Hermione Granger to help them out of trouble; a mother with a weakness for marijuana has the prospect of losing custody of her child to keep her on the straight and narrow.

A federal magistrate drew parallels between the fictional characters and the mother’s marijuana use when ruling on the child’s care.

Known by the pseudonym Ms Cannon, the woman has a five-year-old son with her estranged husband. She admitted smoking marijuana occasionally, when the child was not in her care. But the boy’s father, Mr Cannon, was concerned by her drug use and supposed lack of attention to their son’s welfare. He wanted his son to move in with him.

The magistrate, Warwick Neville, last week ruled the boy should live with his mother – but she must undergo drug testing. If she returns two positive tests three times within three months, the boy will live with his father, and have supervised visits with Ms Cannon until she remains drug-free for 12 months.

Conceding it was an imperfect analogy, Mr Neville likened Ms Cannon to Harry and Ron, the boy wizards who, in the first of J. K. Rowling’s bestselling books, get caught in a twisting vine called the Devil’s Snare.

“The harder they struggle, the more tightly they are ensnared,” Mr Neville said. Their rescue, ”courtesy of their valiant friend, Hermione Granger, comes via the shedding of light on the treacherous vine. Like these characters and their plight, it seems to me that Ms Cannon requires some assistance to ‘kick this habit’ and break free of the ensnarement of this different form of vegetation.”

Help for Ms Cannon was ”not provided by a spell from Miss Granger, but the requirement to undertake monthly drug testing for 18 months” – including urine and hair follicle tests.

While accepting Ms Cannon was a committed mother, Mr Neville said her responsibility as a parent ”must take precedence over any fleeting enjoyment or escape provided by her sometime use of marijuana”.

There was no evidence the boy had suffered any harm in his mother’s care. However, Mr Neville was concerned by Mr Cannon’s hyper-vigilant, “almost obsessive parenting”, saying it risked smothering the boy. “What might be described as over-protective or claustrophobic parenting can cause as many problems as it seeks to prevent.”

The Federal Magistrates Court in Canberra heard Mr Cannon only wanted the best for his son, moving from Sydney to Canberra to be closer to him. But “his intensity, together with his ongoing mistrust of Ms Cannon, makes for a rather potent parenting cocktail”, Mr Neville said.

Believing Ms Cannon was using drugs, Mr Cannon had their son drug-tested without her knowledge. He also complained about her giving the boy food with artificial colouring.

Read more…Marijuana smoking mother risks losing custody of child

In simple language, this book tells you:

–How to get custody in Texas
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Read more…Child Custody, Visitation and Support in Texas, 2E (Legal Survival Guides)

Drawing on a wealth of legal cases and research-as well as on the personal stories of families caught in these disputes-Mary Ann Mason presents a program for reform that is certain to change the terms of the debate on child custody, one of the most highly charged topics on the national agenda.

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Good Parenting Magazine: Divorce: The Custody Wars: Why Children Are Losing The Legal Battle, And What We Can Do About It

In CHILD CUSTODY MADE SIMPLE you learn:
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You owe it to yourself and your children to read this book!

Read more…Child Custody Made Simple: Understanding the Law of Child Custody and Child Support

* The average woman experiences a 45 percent drop in her standard of living after divorce
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In Hit Him Where It Hurts, acclaimed matrimonial attorney Sherri Donovan shows you how to take the offensive in the bloody game we call divorce. With her take-no-prisoners approach, you can ensure that you will gain your freedom without sacrificing your health, your wealth, or your well-beingÑor that of your children.

Read more…Hit Him Where It Hurts: The Take-No-Prisoners Guide to Divorce–Alimony, Custody, Child Support, and More

Following are some of the most often repeated questions asked by people
who are unfamiliar with the subject. The answers provided here
represent information collected from various child custody attorneys.
While it is true that child custody laws are not the same for all
states, the following answers are expressed in general terms.
Obviously, you must consult local experts to determine whether these
answers will apply, as stated, to your own situation.

- What is the Definition of Custody ?

“Custody” refers to the court ruling that decides which party will be
responsible for the child or children when their parents are not living
together. This can apply to couples who are either divorced or
separated, as well as those who have never been married to each other,
but are biological parents of the children involved in the case.

- How is Legal Custody Different From Physical Custody?

If parent has been given physical custody, it implies that the child
will spend full time living at home with that parent, on a more or less
permanent basis. If the custody ruling is “joint physical custody”,
then the child is moved back and forth between the two parent’s
individual homes.

If a parent is granted “sole legal custody”, only that parent holds the
legal right to make decisions with regard to the child’s health,
education, and general welfare (physicians, schools, etc). When “joint
legal custody” is ruled, both parents will share in making these
decisions.

- How is a Custody Decision Made? A judge will typically give approval
to a custody arrangement once it is agreed to by the parents. If the
parents are unable to reach agreement, they will be required to speak
with a counselor or mediator who will help them work out a plan. The
judge is then required to make the decision on any disputed issues that
both parties are not able to resolve.

- Can a Child Still See a Parent Not Awarded Physical Custody?

Certainly. The court will typically issue an order which provides for
the non-custodial parent to have ample visitation rights with the
child. This can, however, be restricted in any case where domestic
violence is suspected or has occurred, or in a case where a parent’s
ability to properly care for the child is under question.

- What Happens When A Custodial Parent Forbids The Child’s To Visit The Other Parent?

The non-custodial parent can request that the court issue a “contempt”
order. If the parent is found to be denying visitation the court can
impose sanctions. If it can be demonstrated that it was done
intentionally, the non-custodial parent may then have grounds to sue
for the child’s custody. Usually, the judge will require the couple to
try to work things out with the help of a councellor of mediator before
taking that step.

- Can A Custody Arrangement Be Changed If It Isn’t Working?

Parents are normally able to make changes to a custody arrangement if
it isn’t working, provided they are both able to agree on the new plan.
They can then request that the judge to make it official. If the
parents continue to disagree, they can ask the judge to decide on the
changes. The judge’s decision will be based only on serving the best
interests of the child. This can become problematic if the child has
been well-cared for, or if the previous custody plan has been in force
for some time.

About the Author

Carlton
Driver is a retired Engineer who writes on a variety of subjects. There
are two FREE Reports about Child Custody Issues that you can download
from our site. Go to: http://tinyurl.com/custody1
to get the download link. For more extensive information regarding
custody issues, there are comprehensive Guides available at: http://tinyurl.com/custody2 where you can get more in-depth information.

Read more…Win a Custody Battle – Family Life Wiki

Experienced legal counsel is the most important investment you will make with your child custody case, so don’t just open the phone book and call the biggest ad. Find a lawyer who has several references of winning custody cases similar to yours. You should also look for someone who has worked with your judge in the past. Another industry benchmark to look for is a lawyer who is a Certified Family Law Specialist.

Organized Your Financials

Financial stability will play a key role in your case, and thus you should have all of your financial records in good order. Pay stubs, bank statements, and investment reports will likely be required by the courts. By having this information at hand you will present yourself as an organized and viable candidate for custody consideration.

Track Child Care Costs

The more you know about your child’s daily needs, the better you will fare in the legal proceedings. Start a log early in the process and keep track of all relevant costs associated with raising your child. Food, clothing, health care, and child care are just some of the expenses you should be tracking. Not only will this information show your concern for your child’s welfare, but it will also be used to determine the amount of your spouse’s child support payments.

Clean Up Your History

If you have any skeletons in your closet, then now is the time to get rid of them. Drug use, infidelity, and unemployment are all negatives that could hurt your chances for custody. While there is little you can do about the past, the court always looks favorably on people who are trying to fix their issues. Cleaning up your past should be an immediate priority. You will need to prove to the judge that you are working hard to correct the mistakes you have made in life.

Dig Up Some Dirt

Just as your past may damage you, your spouse’s past can be manipulated to your benefit. While it might seem aggressive to freely uncover the secrets of your husband or wife, it is in the greatest interest of the kids for the judge to know all of the circumstances around your own separation. Records could be the answer to substantiating the statements, so be sure you gather evidence prior to making any claims.

Below, you’ll find a review of a great resource that will help prepare yourself for the child custody case. You should believe me when I say this, you can never be too prepared. They are psychologically and mentally proceedings and one slip up may cost you custody of your kid.

About the Author

Don’t risk the pain of losing child custody or getting minimal visitation rights. Visit my site at http://custodyofachild.blogspot.com and learn how you can achieve the best custody arrangement for you and your child.

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