What to know about marijuana use and child custody

On Behalf of | Apr 7, 2022 | Child Custody |

Michigan offers a progressive approach to cannabis users as the state has legalized recreational use and possession. However, legalizing marijuana consumption does not provide someone with blanket immunity from other laws. For example, someone under the influence of marijuana cannot drive while high, nor should a parent ignore the child custody ramifications of using cannabis around children.

Child custody and marijuana use

Although consuming alcohol and marijuana might be legal, anyone might face considerable troubles during child custody hearings regarding their substance use. A bitter spouse could claim that the partner cannot effectively care for a child because they use mind-altering substances. Evidence of marijuana consumption may work against someone during divorce proceedings.

The court could find that marijuana use and abuse undermines a parent’s ability to care for a young person. The court considers the “best interests of the child” when awarding custody or signing off on visitation agreements. A parent who abuses marijuana or exposes a young person to cannabis use might not provide the safest environment.

Addressing marijuana use during child custody proceedings

Perhaps a parent uses a mild amount of medicinal marijuana to alleviate pain. Such use might not rise to the level where the court feels concerned. A parent might provide proof that they never use marijuana in front of the children and that they remain cannabis-free during parenting time.

Parents who expose their children to marijuana use might find it difficult to be awarded custody. In addition, parents may lose custody depending on any issues that arise. Someone arrested for driving while intoxicated or possessing more than the legal amount could have their custody rights reduced or removed. Parents who use sound judgment and avoid legal problems have an easier time retaining custody of their children.