Puja Sachdev | October 8, 2024 | Child Custody
With marijuana now legal in California, parents entangled in custody disputes are asking a pressing question: How does lighting up impact custody rights? As cannabis becomes a common fixture in daily life, understanding its effect on custody arrangements has never been more crucial. So, can you still smoke weed and maintain custody of your child in San Diego?
The answer is it depends.
Custody is About the Best Interest of the Child
Family courts have a focus on one main factor when it comes to custody: the best interest of the child. So, while smoking weed isn’t illegal, it can still influence custody decisions if it’s seen as harming the child’s well-being.
Your parenting skills, the environment you offer, and your overall responsibility as a parent are key in these proceedings. If your cannabis use undermines any of these aspects, it could impact your custody battle.
Legal vs. Responsible Use
In custody disputes, unlike with illegal drugs, courts aren’t going to come down hard on you just for using marijuana. Showing that you’re using it responsibly is what really counts. Here are a few points to consider:
- Smoking around the child: Courts are unlikely to look favorably on parents who use marijuana in the presence of their children. Smoking weed around your child can raise concerns about second-hand smoke exposure.
- Impairment: Using marijuana in a way that impairs your ability to care for your child can be problematic. If a parent is high while parenting or unable to meet their child’s needs due to marijuana use, this can lead to negative consequences.
- Child safety: Parents should take measures to ensure that marijuana products, whether for recreational or medicinal use, are stored safely and out of the reach of children. Having edibles or other cannabis products in a place accessible to a child is irresponsible and can be detrimental to your custody case.
The above are just several factors that the court might consider when determining child custody issues.
Medicinal Marijuana Use
California allows for the medicinal use of marijuana, which is a factor courts may consider. Be sure to present a doctor’s recommendation or prescription.
But even medicinal marijuana use can be a factor. A parent who is heavily medicated and cannot provide adequate care may still face challenges in court.
How Marijuana Use Can Be Raised in Custody Disputes
Marijuana use might become a factor in child custody disputes if one parent raises concerns about the other’s use. For instance, an ex-partner may argue that the other parent’s marijuana use impairs their ability to provide a safe and stable home environment. In such cases, the court may request evidence of responsible use or even drug testing.
The Role of Drug Testing
California courts have the authority to order drug testing during custody proceedings. This can happen if a parent alleges that the other’s marijuana use negatively affects their parenting ability. If drug testing reveals frequent or heavy marijuana use, it may raise questions about the parent’s fitness to care for the child.
But drug testing for marijuana can be tricky because THC, the active component of marijuana, is detectable in the body for weeks. This means that even if you’re not using marijuana regularly or frequently, you could still test positive. If you do test positive, it’s essential to demonstrate that your use is responsible and doesn’t compromise your ability to parent.
Tips for Parents Who Use Marijuana
If you use marijuana and are involved in a child custody case, here are a few tips to protect your interests:
- Be transparent: If you use marijuana, whether medically or recreationally, it’s best to be upfront with the court. Trying to hide your use can backfire if it’s discovered later.
- Establish responsible use: Show that you use marijuana responsibly, away from your child, and never while they are in your care. Demonstrating responsible behavior is key to maintaining custody.
- Keep records: If you use marijuana for medical reasons, keep all records of your doctor’s recommendations. This can help support your case if medicinal marijuana becomes a point of contention.
Make sure your marijuana use complies with all local laws, including rules about storing and using cannabis where kids are around.
Contact A San Diego Child Support Lawyer
Don’t let marijuana use jeopardize your custody battle.
Courts will always prioritize the best interest of the child, so it’s crucial to show that your marijuana use doesn’t interfere with your ability to parent. At San Diego Divorce Lawyers, APC, our skilled attorneys are here to navigate the legal maze and fight for your rights. Contact us today to schedule a free consultation with a family law attorney.
If you have questions about custody matters, call San Diego Divorce Lawyers, APC, for a complimentary case evaluation with a San Diego child custody attorney. We handle all types of custody cases. Our lawyers will help protect your parental rights and your child’s best interests.
Contact a local family lawyer at (619) 724-4160, explain your circumstances, and try to schedule an initial consultation with the lawyer as soon as possible.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
(619) 866-3756
