On behalf of Tasha K. Schaffner of Schaffner Family Law, posted in child custody on Friday, December 30, 2016.
A recent adjudicatory hearing ended with a disappointing ruling for a young mother fighting to get her children back. The woman has been battling the court for child custody since she used a controversial remedy to treat her daughter’s illness. Like many parents in Kentucky, she believes she had her child’s best interests in mind when she acted. However, the law was not on her side.
The 3-year-old girl was vomiting and hallucinating in addition to suffering seizures as a result of inconsistent doses of antipsychotic medication. To help her daughter, the mother prepared a smoothie containing marijuana butter, which is known to relieve those symptoms. Later, when the 23-year-old woman took her child to the doctor, the marijuana became evident in the girl’s blood test. Since the drug is not legal in her state, the woman was subsequently charged with a misdemeanor, and her children were removed from her custody.
On the positive side, the court placed the children with their father instead of denying custody to both parents. The mother is also permitted supervised visitation. However, she contends that her actions did no harm to the child and, in fact, eased her suffering. The most recent hearing upheld the current custody arrangement. The woman may have to wait until her criminal trial is over before attempting again to win back her children.
The courts in Kentucky defend the best interests of the child. However, those interests are not always evident to people other than the parents. When parents must fight for their child custody rights, they often rely on the experience of a family law attorney who will represent their interests and fight for their cause.
Source: idahostatesman.com, “Mom who gave pot butter to daughter still denied custody, judge rules”, Alex Riggins, Dec. 23, 2016