In recent years, the issue regarding medical marijuana has become more and more prevalent around the country as 16 different jurisdictions have legalized the use of marijuana for medical purposes. While there are obviously restrictions to this type of marijuana use, one legal question that was largely unanswered revolved around the issue of child custody, child visitation and the use of legal medical marijuana by one of the parents. To date, only one case that was tried and appealed in Colorado appears to provide any guidance.
Specifically, a father involved in a divorce legally obtained a medical marijuana permit. However, his former spouse brought up his marijuana use during the divorce proceeding and the father was as a result required to have a supervisor present during any child visitation. The father appealed and the higher court reversed the lower court’s decision, stating that the father’s marijuana use needed to result in a danger to the child physically and/or harm to the child’s emotional development.
While the case has no legal precedent in other jurisdictions that include California, it could provide some guidance for spouses who legally use medical marijuana but who want to fight for the custody and/or the proper visitation schedules of their children as part of a divorce case. Clearly, the Colorado decision may be somewhat relevant, but is far from a guarantee of any result in other jurisdictions.
San Diego Child Custody Lawyers
Anyone who has been through a divorce with children involved understands that the issue of child custody is as difficult for everyone involved as any other issue. Therefore, fathers and husbands who are facing this battle need to seek the immediate help of experienced professionals who understand how to manage these issues.
If you are facing the prospect of a divorce and/or you’re concerned about your ability to raise your children and have regular contact with them, you need to obtain 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.