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Family Law Blog

Legal Marijuana Still Affects Child Custody

Friday, March 27, 2020

It may be legal in California and several other states now, but if you are divorcing and working on child custody, you may want to keep your marijuana use to a minimum. While the stigma is starting to wear off, the courts still look at marijuana use unfavorably despite being legal for any over 21 to use.

Marijuana Use

Certainly no parent is bragging about their marijuana usage, but your spouse could use it as a weapon to help their end of a child custody case. While it is legal, marijuana still affects you mentally and that can affect your care of a child. This means if they can show instances of your driving under the influence or your children getting hurt while you were high, it can strongly help their case to win custody of your children.

Furthermore, while it may be tempting to smoke in order to take the edge off a messy divorce case, it can leave you woefully unprepared for home visits that could affect your custody case. Overindulgence can be just as damaging. It is best to just keep use, even for medical matters to a bare minimum until your custody case is closed.

How This Affects the Case

If your spouse tries to bring your marijuana use into the case, you will also need to be ready to counter it. If you think this may become an issue, you will want to make your divorce lawyer well aware before it happens so they can formulate an effective strategy. If your spouse knows you used marijuana a lot, you can be pretty sure they will bring it up, especially if they get desperate.

Conclusion

If you are starting a divorce case and need help, contact us today. The Law Office of Jamra & Jamra can help you get the best results from your divorce and custody case even when facing difficult situations.