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Brandon Family Law Center, LLC

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Brandon Family Law Center, LLC

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Newborn taken from parents over marijuana-based drink

Florida parents may have heard that an Ohio couple who lost custody of their daughter for using a marijuana-based drink during labor was seeking to regain custody on Nov. 3. The mother stated that she used the drink to reduce her labor pain because she believed that it was safer for herself and her child than prescription medication.

When the child and the mother tested positive for marijuana byproducts following the birth in September, officials from Cuyahoga County Children and Family Services requested "protective supervision" over the child. Social workers had determined that the child was not at risk and did not need to be removed from her parents' home. The magistrate overseeing the case, however, disagreed and had the child removed from the home.

The couple's lawyers argued that the magistrate had no legal basis for taking the child away from her home. The CFS agreed, stating that the birth was normal and the child did not suffer from any withdrawal symptoms nor was she exposed to THC. A spokesperson for the CFS stated that the agency was disappointed with the magistrate's decision.

There are cases where parents may lose custody of their children if the authorities believe that the children are at risk. However, if the children are removed from a home and there is no evidence that the children are at risk for harm or abuse, a family law attorney may assist the parents with regaining custody. The attorney may provide evidence from the state's child protection services that the children were never at risk in the first place or may show that the authorities had no proof to begin with.

Source: Vice News, "Ohio Mother Loses Custody of Newborn Baby After Drinking Marijuana-Based Tea", Liz Fields, Nov. 3, 2015

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