Can Using Marijuana Impact My Texas Custody Case?

 Posted on February 16, 2022 in Child Custody

As marijuana use becomes more acceptable all over the U.S., it has increasingly become legal for recreational purposes in many states around Texas. This has made marijuana easy and inexpensive to get, and many parents may use marijuana without thinking twice about potential consequences for a child custody case. 

Unfortunately for Texans who enjoy THC, recreational marijuana is still illegal. If you are getting divorced or are trying to get custody of your children, using marijuana - even when you are not around them - can negatively impact your case. 

Marijuana and Texas Family Courts

When Texas judges are making decisions about which parent will have conservatorship of or possession and access to a child, they will consider the child’s best interests first and foremost. If a parent is using marijuana illegally, this could easily reflect poorly on a court’s perception of that parent. Even if a parent is using medical marijuana, allegations that marijuana or any other substance is used unsafely or irresponsible could negatively impact a judge’s willingness to see a child spend significant time with that parent. 

When a parent’s ability to use substances responsibly is called into question, drug tests may be ordered to see whether any illegal activity is going on. Even if a parent insists that they only use marijuana when they vacation to states where the drug is legal, marijuana can remain detectable for days, weeks, and even months after use. It is very difficult to prove that marijuana was only used legally. 

When determining whether to allow a parent to successfully petition for possession and access to a child, a judge will want to know how often the parent uses marijuana, any impact that use could have on a child, and whether such use has any potential to endanger the child’s safety. This is also true of other legal substances such as alcohol. Usually, the best course of action is to play it safe when it comes to marijuana and child custody cases by staying sober. That way, you can always pass a drug test and avoid any accusations of substance abuse. 

Meet with a Collin County Child Custody Lawyer

If you are getting divorced or are involved in a custody dispute, you should know as much as you can about how substance use or abuse might affect your case. At The Law Office of Linda Risinger, our experienced Collin County child custody attorney can advise you and help position you for a favorable outcome. Call us today at 972-294-6533 to schedule a free initial consultation. 

Source: 

https://guides.sll.texas.gov/cannabis/compassionate-use