In a custody and visitation case involving marijuana use, does the court have the widest scope to choose a parenting plan that is in the best interest of the child?

California, United States of America


The following excerpt is from Weber v. Weber (In re Weber), D068204 (Cal. App. 2016):

In contrast, a case involving custody and visitation determinations, rather than termination of parental rights, "the overarching concern is the best interest of the child" and the court has " 'the widest discretion to choose a parenting plan that is in the best interest of the child.' " (Montenegro v. Diaz (2001) 26 Cal.4th 249, 255.) Here, the court's finding regarding marijuana use was only one of the court's concerns regarding father's parenting. The court also expressed concern about father's lack of discipline for the children, his bad-mouthing of mother in front of the children, his involvement of the children in loyalty contests, and his insensitivity of how his actions toward mother affected the children, particularly when he engaged with her physically in front of them.

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