A Gooding mother recently lost custody of her children to her ex-husband after she used butter infused with marijuana to help her three-year old daughter deal with symptoms related to seizures. The Idaho Department of Health and Welfare (IDHW) removed her daughter and son and placed them in the custody of her former husband after the daughter tested positive for marijuana during a doctor's visit.
Unlike the type of instances most people have in mind when they hear of people's children being taken away because of drug use, this was a situation where the mother felt that she was making the right medical choices for her daughter by administering marijuana.
While many people give deference to a parent's right to make decisions about a child's medical care, in Idaho, there are no medical exceptions for marijuana use. The mother was charged with one count of misdemeanor count of injury to child in addition to having her children taken away from her.
Fighting To Get Your Kids Back After IDHW Has Taken Them
The mother is fighting with the IDHW to secure the return of her children. It may be a very difficult road to persuade the IDHW to return her children given the strict laws we have governing marijuana.
Any time a parent is at odds with IDHW in a child custody matter, the parent is facing an uphill battle. It can seem like IDHW is stacking the deck. Working with a skilled attorney who understands IDHW can help level the playing for parents and give them the best chance of recovering their children in as short of time as possible.