Even With Marijuana Legalization, Use of Pot Still Impacts Child Custody Decisions

Marijuana may be legal in Oregon, but cannabis users still have a reason to be worried about how marijuana use can impact their child custody case. Many judges do not believe parents should expose their children to marijuana smoke or marijuana paraphernalia – leaving many medical marijuana patients and cannabis users at a disadvantage when they are in a custody dispute.

When making a decision regarding child custody, Oregon uses the best interest of the child standard. This means that a judge will determine which custody arrangement is in the child’s best interest. Judges will occasionally consider the home environment and lifestyle of each parent if the home or lifestyle of the parent may cause physical or emotional harm to the child.

Thus, even if a parent is legally consuming alcohol, marijuana, or prescription drugs, and the use of such a substance affects the child, the judge can still use this information to find that the person using this substance should not be awarded custody of the child. Furthermore, a judge still has authority to order an individual not to use alcohol or consume alcohol around a child if the judge finds this to be in the best interest of the child.

You can learn more information about how marijuana use impacts a family law case by speaking with a family law attorney.