A new client, Carol, has come to your firm seeking a divorce from her husband Jake.

A new client, Carol, has come to your firm seeking a divorce from her husband Jake.  Things are not going well for her and Jake’s marriage.  They have two children, ages 2 and 4.  Carol wants to divorce Jake and is seeking “sole custody of the girls, and a visitation schedule for Jake.”  Jake smokes marijuana recreationally (once every two months or so).  She would like to restrict Jake’s “visitation” because she believes his marijuana use is detrimental to the girls. 

The attorney you work with asks you to draft a memo for Carol to read and review which describes how the family law judge will view these facts in determining “sole custody of the girls, and a visitation schedule for Jake.”  You should include the legal standard the judge will use for a custody award, and some of the considerations/guidelines that the judge will have to consider in making these determinations.  Also discuss Carol’s request for “a restriction on Jake’s time with the girls” due to his recreational marijuana usage.