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Could medical marijuana cost you custody of your child?

On Behalf of | Nov 7, 2019 | Family Law |

Although the first recreational dispensary in Michigan has yet to open, the state is among the newest to legalize the use of marijuana. It already had a robust medical marijuana program for about a decade.

Yet, parents who are involved in a potential custody dispute should beware: Just because you can do something doesn’t mean you should.

Despite the decriminalization of marijuana use at the state level, pot is still illegal federally. Considered as dangerous as heroin, its presence in your home could make your child “drug-endangered.”

Plus, since marijuana has a psychoactive effect, the judge will likely consider that when deciding whether you should be trusted with the care of your children. It’s really no different than a judge considering evidence that a parent is alcoholic — except that there’s likely more judicial bias against marijuana.

Judges in custody cases are required to consider whatever they think is important to “the best interests of the child.” A judge may decide that a “pothead” parent (no matter how unfair or inaccurate that label may be) isn’t the best role model for an impressionable child or teen. The judge may also be concerned that you simply wouldn’t be able to make good parenting decisions while stoned.

One man in Colorado has already lost custody of his children just for obtaining a medical marijuana card and parents in other states have also reported legal problems regarding their children. Parents have been investigated by the authorities after complaints by relatives or school authorities. Before you endanger your custody case, discuss any issues regarding the use of medical or recreational marijuana with your attorney.


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