ISSUES: The client was a Marine who served overseas during a time of war. The client’s former spouse, who previously lost custody of their child to the client, found a video the child had taken of the client watching a football game and smoking out of a nondescript pipe. The firm filed a motion to dismiss challenging both the lack of evidence the client was smoking contraband and the fact that none of the allegations led to a conclusion the child was endangered.
OUTCOME: The State dropped the case on the date of the hearing for the Motion to Dismiss.