It has been established in California that the abuse of drugs – including the nicotine in cigarettes – can be enough of a factor to persuade family courts to disallow a parent to retain custody of his or her children. For the most part, this line of thinking has extended to people who have used marijuana even for otherwise legal and legitimate reasons. However, that all changed recently when a California Appeals Court overturned a lower court’s decision and allowed a father who uses medical marijuana to retain custody of his child.
Specifically, the case concerned a father in the Los Angeles area who had been awarded custody of his child initially because the mother did abuse drugs and had other problems. The father uses medical marijuana with a permit for his arthritis, and he made sure to never expose the child to it or to its effects. Given those circumstances, the appeals court decided that this was not problematic and did not constitute ‘abuse’ in terms of how the case should be decided.
The lawyers for Los Angeles County have not yet announced whether or not they are going to appeal this decision, but legal experts are already seeing it as a potential sea change in terms of how courts and family courts in particular view medical marijuana. If this case is appealed and affirmed, it could allow parents who use medical marijuana legally to build stronger cases for custody.
San Diego Child Custody Lawyers
Clearly, the issue regarding medical marijuana is not going away anytime soon in California or in many other places. This is a reality that courts will have to deal with when considering such issues as child custody. This case is also a testament to the fact that someone in this position needs to take steps as soon as possible to build a strong case.
If you are facing any type of problem regarding your children, you need to seek the help of San Diego child custody lawyers who have been fighting for the rights of fathers for many years. Contact the Men’s Legal Center today to schedule an initial consultation.