Medical marijuana use could affect custody rulings


When you are involved in a divorce that includes child custody issues, you will have your life placed under a microscope. The Nevada family court judge that is hearing your case will be looking at a broad range of behavior and activities when assessing your child custody plan.

The court is to decide the issues with the best interests of the child as its guide, which means any behavior that has a negative impact on your child will likely have a negative impact on your child custody agreement.

With the prospect of medical marijuana being legalized in Nevada, such use could come into question during child custody hearings. If this comes to pass, parents involved in a child custody case should remember that merely because something is legal does not mean that your family law judge will look approvingly on that activity in relation to your child custody agreement.

You should be prepared to explain in very explicit detail why you have been prescribed the drug, how often you must use it, what your dosage is, and how you consume it. If it appears that you are really a recreational user, with a questionable doctor or prescription, and your case is being heard by a conservative judge, you may be denied all but the most limited and supervised time with your child or children.

If legalized, it will probably be viewed in a manner similar to alcohol; if you have a glass of wine or beer once or twice a week, it may not be seen as a problem. But if you drink a couple of glasses of alcohol every night, the fact that it is a legal substance does not mean your usage may cause the court to restrict your access to your children.

Source: Las Vegas Sun, "Family law attorney warns high times might lead to loss of custody," Ann Ley, April 23, 2014

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