Marijuana is legalized in several states however, the stigma persists. Its consumption can have a significant impact on your child’s custodial matters. The question arises that can you lose custody or not? Are there any laws that cover this aspect?
What is the current legal status of marijuana use?
Even after so many years, the marijuana dilemma remains unchartered territory. This is because there is not much information available about the impacts of marijuana on child custody battles. The lack of hard numbers and statistics makes it impossible to predict a judge’s decision.
The legal landscape has been changing recently due to the legalization of marijuana in different states of the USA. It is worthy to note that the judge reaches a decision in the child’s best interest in the case of a child’s custody. Each case is unique, and all the facts and historical pieces of evidence are accounted for before making a decision, so there is nothing crystal clear about how the hearing turns out to be.
In many states of the USA, marijuana is still illegal. If you happen to reside in a specific state where this is the case, the chances of losing custody relatively increase. In states like Texas, it is against the law to use marijuana. Regardless of how a judge feels about it personally, any illegal activity can ultimately lead to losing custody of the child.
On a purely academic level, the court often treats marijuana as similar to alcohol. However, the consequences for both might vary. If you are fortunate enough, you will encounter a judge who will be lenient and understanding. But there are equal chances of you sharing the courtroom with a judge who has a more hardline stance. The results can vary dramatically, depending on the players.
What does the court think about it?
Can custody of my children be taken away for this?
In short, the answer to this question is yes. If you are a marijuana user, you can end up losing custody of your child. However, it is still a grey area, and there are no specific laws or regulations.
Right or wrong, the perception attached to a marijuana user always paints a picture of an irresponsible and unreliable individual. On top of that, child custody battles are unpleasant already. Your ex can use any reason against you if they are unwilling to share custody. Being a user can portray you as an incompetent and unfit guardian.
Although all the aspects and factors related to this are carefully factored in before making a decision, the chances of it going downhill for you will increase astronomically if it gets coupled with a previous unpleasant incident, for example, where you were proven unfit as a parental figure, or you made a fatal mistake and compromised the health or safety of your kids. Also, another factor that can contribute to the custody being taken away from you is the amount and frequency you consume it. If it is moderate, there can be a difference in perception regarding what you believe is moderate and what the judge thinks.
There have been examples where parents lost custody of their children for possessing or growing these plans. Child protective services are also very vigilant in this regard to safeguard the children against any risks. Even though many such cases ultimately work out, the harrowing experience it brings upon the parents is enough to damage their credibility.
What If I Don’t Use It Around the Kids?
This is often the defense most people use in court. However, it is a slippery slope and can easily be used against you in an attempt to “character assassination” by your ex-spouse. Remember, your limited use of the drug will not stop them from using it against you. Even though it is best in your kid’s interest not to smoke around them, presenting it in court might not be the best idea.
Having competent counsel can assist you in making the best decision for you and your child.
If you are a parent and involved in drugs like marijuana, you must seek legal advice to prevent your child custody from being at stake. This is where legal counseling can come of assistance. Contact a Fort Worth Child Custody Attorney now and avoid any risks of losing your child custody
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
