Understanding How Medical Marijuana Can Affect Your Child Custody Case

Child custody proceedings have always been somewhat contentious, but some situations make them more challenging than others. With recent legislative changes in states across the country, medical marijuana and even recreational marijuana, have become legally permissible in many states, though federal law still prohibits its use. For parents with a medical marijuana card, this can pose some unique challenges during a child custody hearing. Here's what you should know about how medical marijuana can affect your custody case.

Your Marijuana Use Will Be A Legal Consideration

Although you have an authorized medical marijuana card that permits your legal use of marijuana for your medical condition, that doesn't mean that your marijuana use won't be considered as a factor in the custody determination.

The fact that marijuana is still classified as illegal according to federal law means that its use can still be problematic for those parents who are seeking custody, or even visitation, with their children. The courts will ask about your marijuana use during the custody hearings, and the judge will consider the risk of that use in their final custody determination.

Past Drug Use May Be Brought Up

Even if it was many years ago, any history you have of drug abuse may also be admitted as evidence in your custody hearing. If you currently use marijuana, even medically, that can be considered as a sign that you still have a drug problem. This may lead the courts to consider you a safety risk as far as the best interests of your children may be concerned. 

If you have any history of drug use in the past, even if there's no legal documentation, assume that your former spouse's attorney will bring up that fact in court. Talk with your family law attorney about any drug history you may have so that he or she can help you prepare to address it during your hearing. The more proactive you are about it, the better your chances of preserving your custody rights.

Your Child's Best Interest Is The Priority

When the judge hears the evidence and testimony in the case, he or she will be evaluating what is in the best interest of your child. Expert testimony, character witnesses, and similar information will be highly beneficial for your case.

Talk with your lawyer about anyone in your life that could testify on your behalf about your attentiveness to your child and your ability to provide care despite your medical condition or medical marijuana use.