Marijuana Use and Child Custody

Now that recreational marijuana use is legal in Michigan, you may be wondering how it will affect your child custody dispute. Although it is legal, there may be consequences to recreationally using marijuana that you should consider.

Courts take the use of marijuana seriously. The courts primary concern in all child custody disputes is the best interests of the child. Thus, like alcohol use, courts will consider whether your recreational or medical use of marijuana impairs your ability to properly care for your child. If the court determines that your use of marijuana is not in the best interests of your child, the court may limit or remove parenting time, or require supervised visitation.

However, if you are a recreational marijuana user, there may be some reprieve in the family law system. Because recreational marijuana use is legal, your spouse will likely first have to prove that your use of the drug negatively affects your ability to parent your child before the court looks into your use of marijuana. With that being said, we recommend you refrain from recreational marijuana use. If you wish to recreationally use marijuana, then we suggest you limit your use of the drug, and never use it in front of your children or while they are in your custody. Just as you would not provide childcare when you are intoxicated by alcohol, do not care for your children while under the influence of marijuana. Additionally, we recommend that you do not tell your children that you use marijuana, and keep it in a safe location where your children cannot access it. These things can affect your custody matter.

For advice regarding marijuana use and child custody, please contact Spindler and Associates. We have years of experience and know the laws and court procedures for Wayne, Oakland, Livingston, Genesee and Washtenaw Counties where our attorneys have practiced for years. Contact Kathryn Wayne-Spindler & Associates at 248-676-1000 to schedule a consultation. The Oakland County law office is conveniently located in Milford, Michigan. Our service area includes these communities: Milford, Waterford, Walled Lake, Commerce, Highland, Hartland, White Lake, Commerce, South Lyon, Linden, New Hudson, Wixom, Holly, Fenton, Grand Blanc and many more.


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