Child Custody and Marijuana Use
Child custody has always been decided based on the best interest factors contained in MCL 722.23. One of the factors include the moral fitness of the other parent as well as any other factors relevant. Many child custody cases have utilized these two factors to rationalize why one parent should not have custody due to their drug use, specifically marijuana.
The legalization of Marijuana has caused a lot of questions on whether a parent should be allowed to have custody when they use marijuana. This is especially true since the moral fitness factor had been utilized so many times in regard to a parent’s marijuana use.
Michigan Marijuana laws, specifically the Michigan Medical Marihuana Act and Michigan Regulation and Taxation of Marihuana Act, allow for those individuals to not be denied child custody as long as they are not creating an unreasonable danger to the minor child that can be clearly articulated and substantiated.
While the legal marijuana use cannot be used to deny a person custody or visitation, both acts have an exception to the statute. Therefore, there may still be a chance that a parent could be denied visitation and custody of their child.
This is why it is important to follow the laws and ensure in these types of cases that you act to the full extent of the law. It is like alcohol; a parent could be denied parenting time or custody if they are not following the law when it comes to alcohol and they put the child at risk.
Examples of not acting accordingly to the law, could mean driving with the child while under the influence, using marijuana in front of the child/while caring for the child, and not keeping things locked and away from the child so that they cannot access it.
Following the law can help you in a custody matter, where your legal drug use could be used against you. Most courts and judges will take caution when it comes to these matters as they do not want to put the child at risk, so ensuring you follow all the laws is a critical key to not having best interest factors favor the opposing party.
For more information, please see Michigan Medical Marihuana Act and Michigan Regulation and Taxation of Marihuana Act and MCL 722.23.
The attorneys at Kathryn Wayne-Spindler & Associates are experienced attorneys who change with the times to meet the needs of their clients. Contact the Milford, Michigan law office of Kathryn Wayne-Spindler & Associates at 248-676-1000 for assistance. Or contact our new location in Alexander City, Alabama at 800-809-9414. The attorneys of Kathryn Wayne-Spindler & Associates practice law throughout Southeastern Michigan primarily including Oakland, Wayne, Washtenaw, Genesee and Livingston counties. In Alabama Kathryn practices in primarily Lee, Tallapoosa, Lee, Macon, Chambers, Coosa and Elmore Counties.
