Can I get full custody of the children in a divorce if my wife smokes marijuana and has ever since we have been together (13.5 years)?

The issue of which parent gets sole custody of the children is resolved by the Court on the basis of ?best interest of the children as opposed to specific conduct of the parents. While the Court would certainly consider your wife?s marijuana use in resolving this issue, a number of other factors would probably come in as well. For instance, if she has a medical condition for which she has a medical marijuana card and she does not use marijuana in the presence of the children, the Court would probably not rely on her use of marijuana as the primary factor in determining the custody issue. On another point, the Court may find it hard to believe that you do not have a history of marijuana use given the number of years you have been together while she has been using that substance. Your best course here would be to retain counsel for your dissolution and go over all of the potential custody factors before the petition for dissolution is filed.