In 1996, California became the first state to legalize medical cannabis. In 2016, the substance became legal for personal use. Since then, the industry has grown to the point that it’s not uncommon to see marijuana sold at retail dispensaries throughout the Golden State. Although marijuana use is legal in California, that doesn’t necessarily mean it is widely accepted in child custody courts. Therefore, if you have a potential or pending child custody matter with this concern, it’s important to know: Can marijuana use impact my child custody case?
Disputed California Child Custody
California child custody cases involve two types of custody: Legal and physical. Legal custody refers to a parent’s decision-making authority. Physical custody means the time a parent can have their child in their care.
When both parents are safe and appropriate, California child custody courts are inclined to grant them joint (shared) legal and physical custody. Generally, this means that parents will consult one another and agree on major child-related decisions and that they will share time with their kids.
If one parent is unsafe or less capable of providing suitable care, the other parent can be awarded primary custody. This means the primary custody parent will have the authority to make decisions without the other’s agreement and will have the child with them most of the time. The non-primary parent may have some visitation. However, depending on the circumstances, their time may be subject to significant limitations and restrictions. In extreme cases, the non-primary parent may have supervised visits or not be permitted to see their child.
When parents disagree about child custody, each will usually make a case for why they and not the other parent should be awarded primary legal and physical custody. For example, when a parent knows the other uses or consumes marijuana and keeps the substance in their home, the other parent may use these facts to support their position that they are the safer parent. The parent could do this by claiming that the other parent’s marijuana use interferes with their ability to care for their child or exposes the child to the substance.
California courts can evaluate whether the parent’s marijuana consumption is problematic in child custody matters. Like alcohol use, there would need to be evidence that the substance was interfering with the parent’s ability to care for their child or was endangering to them.
Best Interest Factors
California child custody courts are charged with making decisions during the case that are in the child’s best interest. There are numerous factors the court will look to in making its best interest determination. Marijuana, like alcohol use, can certainly be part of this calculation. If, after looking at the facts and evidence, a court determines that a parent’s consumption interferes with their ability to provide safe and adequate care, it may decide that limiting legal and physical custody is in the child’s best interest.
Marijuana use may or may not be a significant factor in a California child custody case. Several other issues can impact the case and the court’s decisions. When making decisions, the family courts will also consider issues such as how parents engage with one another and their child, past incidents of domestic abuse, alcohol and illegal drug use, the age and health of the child, the child’s school and home environment, as well as other relevant facts.
The best way to evaluate your California child custody case is by consulting with an experienced child custody attorney. Your California child custody lawyer can help you examine your situation and determine the possible outcomes.
Contact an Experienced California Child Custody Attorney
The attorneys at the Law Offices of Judy L. Burger are experienced California child custody attorneys who can help you during all phases of your divorce or custody matter. Our firm assists clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.