When it comes to matters of child custody, the court will always do what's in the best interest of the child. For this reason, it's only natural to believe that the court will look into any drug or alcohol abuse by the parents.
Unfortunately, there is often times gray area associated with child custody orders. For example, with more people than ever using marijuana for medical purposes, this continues to come into play when the court makes child custody decisions.
In a recent story out of California, a man was denied custody of his newborn child because a drug test came back inconclusive. This was despite the fact that he explained upfront that he used marijuana at the recommendation of his doctor.
The man noted the following:
"They told me I was cognitively unable to care for my child because of medical marijuana use."
At this time, it's believed that hundreds of families in California are dealing with custody issues as the result of medical marijuana use.
Fortunately, last month voters approved Proposition 64. With this, recreational marijuana use has been legalized. Furthermore, protections have been put into place for medical marijuana patients. Most importantly, California courts are no longer able to restrict custodial rights for the sole reason of using medical marijuana.
Dealing with child custody concerns is never easy, especially when special circumstances, such as the use of medical marijuana, move to the forefront. As a parent fighting for custody, you need to understand the state's laws, your legal rights, and the strategy you can use to obtain a positive outcome.
Source: Los Angeles Daily News, "Can marijuana break up a family? Parents face custody issues over legal cannabis use," Brooke Edwards Staggs, Dec. 13, 2016