Call for a Free Consultation

Can Marijuana Use Cause You to Lose Custody of Your Kids?

Can I Lose Custody of My Kids because of Marijuana?

One thing I’ve learned in 25 year of giving legal advice is that you never speak in absolutes. Generally, the answer to that question is, probably not in this day and age. Nevertheless, if there are other factors involved, then that possession of pot may be looked at by the Courts, Government, Department of Human Services, or child Protective Services as a referendum as to a person’s ability to exercise good judgement around children. Marijuana Possession is illegal, and a collateral consequence of crime is potential interference by the government or some other interested party with a person’s custody rights.

Certainly, if an infant or newborn has marijuana in their system, that would be a circumstance where children may be removed. If you have marijuana that is being used in conjunction with dealing with some sort of medical problem under a physician’s care, that will be viewed as legal. However, when folks that are using marijuana for self-help of certain ailments without a doctor’s supervision, again that is illegal.

If you have marijuana that is being used in the proximity of children, especially young children, then you are putting not just your liberty, but also your custodial rights to your kids in jeopardy.

A judge and a prosecuting attorney from the Child Protective Service Agency, the health care workers, are not going to be real understanding and accommodating for a person that places children in a bad or dangerous circumstance. Wether or not you believe marijuana is dangerous, the byproducts of having marijuana in close proximity to children can hurt you.

That is just not good to have children around that and exposed to those type of dangers. Those type of possible factors that could compromise or endanger them Marijuana is being viewed differently these days and its prevalence or legality is still evolving in society. We have people who go to Colorado on marijuana vacations. They come back with pictures and laugh about the experience. More power to them if that floats their boat. Nevertheless, if you choose to have marijuana as a constant or repetitive factor in your life, and that factor is exposed to children, whether directly or indirectly, you could lose your kiddos or be investigated at least for the lack of judgement in creating that exposure to your kids.

Marijuana in Texas is still a crime

Society may be liberalizing the question, but you still need to treat the decision to possess marijuana with the understanding that #1= it is a crime. And crimes come with heavy consequences. Until all of society changes to a more libertarian view, parents need to understand this fact.