When a couple is divorced, the law prioritizes the welfare of the children to decide who gets primary custody of them. But disputes that involve custody of a child or children are often legally complex. There are many factors that can stop a parent from getting custody of the child, like alcoholism, drugs, etc.
Recently, marijuana has become one of the rising concerns, making custodial rights more complicated. With many states beginning to legalize marijuana, courts have been finding it challenging to determine its role and effects on parental custody. If you are a parent facing such issues, it is important to keep these points on marijuana and child custody in mind.
Here are a few points you need to know about how marijuana may impact child custody if you are a parent who occasionally uses cannabis.
What are the Factors that a Court Considers in Custody Cases?
When it comes to a custody case, the first priority of the court is to ensure the well-being of the child. The factors that a family court considers include the bond between a parent and the child, the environment at home, cooperation between both parents, and the financial and emotional fitness of the parent to be able to look after the child.
The most important factor is that the parent responsible should be able to provide a nurturing environment for the child. While using marijuana in states where it is legal may not affect parental custody, it can, however, become an issue if seen as interfering with factors that may affect the child negatively.
How Can Marijuana Impact Child Custody?
Even though marijuana may be legal in some states, the first impression that comes to mind of someone indulging in the substance is of a stoner. So, even if you are someone who only occasionally smokes, it may have a negative impact on you as a parent.
In many custody cases, ex-partners may use this to prove why you may not be fit to be a guardian. Even if these accusations are not true, the court may give preference to your partner.
In some cases, even the use of medical marijuana may be seen as a lack of ability of the parent to look after the child by the CPS.
What Concerns About Marijuana Use Will Courts Look Into?
When it comes to deciding a child’s custody, the court may look into the following factors regarding the use of marijuana by the parent.
- If the use impairs the ability of the parent to look after the child
- Is there any impact of marijuana on the child’s health and mental state?
- Does the parent use marijuana in moderation and stay within limits?
If the court feels the parent fails to meet any of the above-mentioned criteria, the court may raise concerns about negligence, depriving the parent of the child’s custody.
How Can You Prove Responsible Use of Marijuana?
If you are a parent who has been deprived of your child’s custody by false accusations regarding the use of marijuana, understanding how you can prove responsible and safe use can help you out.
- Show your responsibility as a parent by proving that you use marijuana only recreationally and never in the presence of your child.
- Prove that you are emotionally available for your child and can take care of them.
- Ensure that the marijuana is stored safely, away from the reach of children.
- If you are someone who uses marijuana for medical purposes, ensure that you have a doctor’s prescription.
- And, always be transparent about your use of marijuana.
Final Thoughts
Lastly, the final outcome of the case depends totally on what the court feels is best for the child. But if you are a parent who uses marijuana legally and is involved in a custody case, ensuring that you prove responsible and safe use can help you get custody of your child. Also, getting the help of a good lawyer can help you navigate such cases easily.