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Daggett v. Sternick

Supreme Judicial Court of Maine

January 29, 2015

JEANETTE DAGGETT
v.
DUSTIN A. STERNICK

Argued December 10, 2014

Judgment affirmed.

On the briefs and at oral argument:

Anedra C. Gregori, Esq., Zerillo Law, LLC, Portland, for appellant Dustin Sternick.

Suzanne E. Thompson, Esq., Vincent, Kantz, Pittman & Thompson, LLC, Portland, for appellee Jeanette Daggett.

Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ.

OPINION

Page 1138

SAUFLEY, C.J.

[¶1] Dustin A. Sternick appeals from a judgment of the District Court (Biddeford, Cantara, J.) awarding primary residence of the parties' minor child to Jeanette Daggett, who intends to move to Florida with the child. Sternick argues (1) that the court infringed on the protections afforded to him pursuant to the Maine Medical Use of Marijuana Act, 22 M.R.S. § 2423-E(3) (2014), by reaching findings related to his marijuana use and (2) that the court abused its discretion in awarding primary residence to Daggett based on Sternick's

Page 1139

lawful marijuana use. We affirm the judgment.

I. BACKGROUND

[¶2] The court found the following facts, which are supported by competent evidence in the record. Sloan v. Christianson, 2012 ME 72, ¶ 2, 43 A.3d 978. Jeanette Daggett and Dustin Sternick are the biological parents of a daughter, who was born on March 1, 2010.

[¶3] Daggett has demonstrated an ability to care for and protect the child over the course of the child's life. She has a Master of Arts in Clinical and Counseling Psychology and has a pending job offer in her specialty in Florida, where she would earn $42,370 per year. Daggett's mother lives in Florida and would provide ...


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