Will My Marijuana Usage Impact My Child Custody Battle?

If you are going through a divorce with children, child custody questions are always on the forefront of your mind during this stressful time. If you use marijuana either medicinally or recreationally,  you may have additional questions surrounding marijuana usage, especially since Colorado’s laws have changed so much over the past few years. If you use marijuana, or if you are concerned with your spouse’s drug usage, you may need to bring these things up in court.

So, is using marijuana going to negatively impact a child custody battle? Liberty Law Center will help you understand this issue today on the blog…

Will Using Marijuana Impact My Child Custody?

In reality, there is no simple answer to this question. While many factors are considered when the court is deciding child custody cases, drug use is definitely a big factor—even if it’s legal. Marijuana is still considered a Schedule 1 (I) drug, meaning that the federal government has defined marijuana as a drug with no accepted medical use and a high potential for abuse. It’s still considered a dangerous drug with potential negative consequences according to the law.

Because of this, a judge might view marijuana usage in a negative way even though it is perfectly legal in Colorado to use it.

What Is a Judge Looking for In Child Custody Cases?

In a child custody case, the big question is whether the marijuana use is affecting the child in negative ways. The best thing for the child is the most important factor to consider—so a judge will look at the behavior around the usage of marijuana just like a judge would look at alcohol or cigarettes. The Colorado court wants to make sure that substances are not impacting your parenting abilities or otherwise causing an increased harm to the child’s wellbeing. If you are using marijuana, can you parent the child responsibly, and can you prove that? If you are concerned about a spouse’s usage, can you prove its negative impact on parenting, or can you? These questions will have to be answered before the judge can determine whether marijuana usage will affect your child custody case.

In general, a parent should remember that perfectly legal activities can still negatively affect child custody decisions. A judge will look at overall behavior and lifestyle, stability and safety, your love and selflessness for the child, and the way you treat your separated spouse.

Ultimately, if you are into marijuana, you may have to ask yourself, ”Is marijuana more important than my children?” Because there isn’t a guarantee that a judge won’t view it negatively.

What Should I Do If I’m Concerned About Marijuana & Child Custody?

If you are concerned about your own child custody case because you use marijuana, or if you feel your ex-spouse is not fit to parent due to marijuana, we can help you with either issue when it comes to drug use and child custody battles. Contact Liberty Law Center, and we will help you navigate how best to make your case in court.