Jeanette Daggett and Dustin Sternick became involved in a custody struggle over their daughter after Jeanette decided she wanted to move from Maine to Florida.

There was evidence at trial that the father used medical marijuana which is legal in Maine.  Of the 20 states that have legalized medical marijuana, Maine is one of the few that say a parent’s custody and visitation rights cannot be denied based on his or her use of medical marijuana unless their conduct is contrary to the best interests of the child.  The trial judge ruled in favor of the mother and the father appealed.

The Maine Supreme Judicial Court that the use of medical marijuana, and whether it impairs the ability to parent, could be considered in determining the best interests of the child.  The father’s appeal was denied.