Will my medical marijuana license affect my child custody case? 5 Answers as of September 28, 2011

If you are under te influence while providing care for minors or you smoke in front of them.

Your license should not affect your child custody case. However, your excessive use of Marijuana, and/or your use of it during your time with your child or within eight hours before your time with your child certainly can affect your child custody case. Research the effects of Marijuana on perception, response time, concentration, memory, and judgment, among other things, to guide you in your use of Marijuana, if you are seeking custody of your child.

Yes, it is very likely that the use of marijuana will have an impact on your custody case. While medical marijuana may be acceptable in California, it is still a violation of a Federal Statute. Further the conditions which would be acceptable to a family law court are not likely to be conditions which would allow you to effectively parent your child. There are many judges that will not allow you have custody of your child based on the use of marijuana and if the issue is raised you could be required to submit to drug testing prior to having visitation with your child.

The law is unsettled on this point. You need to meet with a skilled family law attorney familiar with the judicial officers in your county to give you a more precise answer.

This response is not intended to form an attorney client relationship, or to be construed as legal advice. It is for educational purposes only. Medical marijuana use, licensed or otherwise, can affect a custody case. The standard in California is the best interest of the child. If the Court should find that your marijuana use does not serve the child/rens bests interest, it may consider the other parent to be a better choice. It is a real concern, and I would contact a Lawyer in your area to go over this issue BEFORE you go to mediation and/or court on this issues. It is too big a risk to take not to contact a lawyer in dealing with this delicate issue.