Marijuana is fully legalized in 24 states within the United States. Medical marijuana, on the other hand, is legal in 38 different states. However, smoking weed is still a hot debate, with many people questioning its impact on parenting. For parents involved in custody battles, marijuana use can be a significant issue.
The answer to whether using weed will affect the custody of your child is not simple. There are a lot of factors that come into play, such as the interests of the child. In this article, we will discuss the role of marijuana in determining child custody issues and the steps to take to protect your rights as a parent.
Legal Context Around Marijuana Use in Family Law
Family law treats marijuana differently than criminal law. Even if weed is legal in your state, the family law could still view it as a threat that negatively impacts your parenting capability.
For instance, if one parent has a valid medical marijuana prescription, the other could argue that using it impairs your judgment and caregiving capacity. This could ultimately jeopardize your child custody case. The court will most likely not base its decision on whether or not you smoke weed, but it may affect your case.
Factors Courts Consider in a Custody Case
When determining custody arrangements, courts use the ‘best interest of the child standard.’ Smoking weed or using marijuana in any form can come into play in several ways under these considerations.
Frequency and the Context
Courts differentiate between occasional recreational and medicinal use from excessive or routine smoking. A parent who uses marijuana responsibly without exposing their child is less likely to face custody issues. However, the parent who doesn’t use marijuana may be favored more.
When it comes to excessive or habitual use that could affect a child’s well-being, the court can use this to remove any visitation rights.
Evidence of Impairment or Neglect
If marijuana use leads to poor judgment, neglect, or unsafe conditions for the child, you can lose custody. A good example is driving under the influence with a child in the car or not meeting daily needs because of smoking.
Risk Perception
Even if marijuana doesn’t directly harm the child, the other party can use it to imply you are exposing a child to health hazards. They can raise issues like:
- Indirect exposure
- Improper storage of the weed
- Association of illegal activities
Medical vs. Recreational Use
Medical marijuana prescribed by a doctor can be treated more leniently. The parent, however, has to prove that it does not in any way affect their parenting responsibility. Nevertheless, it is important to note the court regards the potential impact on the child more than the purpose.
Since the burden of proof lies with the parent using weed, it is their responsibility to show how it won’t in any way interfere with their parenting. Proper documentation and communication, especially for medicinal use, will help to prove your case.
Potential Consequences of Smoking Weed During a Custody Battle
Here are some potential consequences of smoking weed in a custody case:
- Supervised visitation or restricted custody. Since marijuana can affect your parenting abilities, you can only spend your time under supervision from a third party.
- Mandatory drug testing, especially for those accused of excessive use.
- The court might order a rehabilitation program when frequent drug tests show habitual or excessive use.
- Acts as leverage for the other parent to question their caregiving abilities and get the judge to rule in their favor.
- In extreme cases where weed smoking is linked to neglect, endangering the kid, or criminal activity, courts can transfer full custody to the other parent.
Conclusion
Perception matters when it comes to smoking weed, regardless of the amount consumed. However, it rarely leads to losing custody. It is important to consult a family law attorney to answer any questions about custody law.