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How does marijuana use affect custody?

Rochester, NY |

My son's father uses marijuana multiple times a day. When he uses he becomes very spaced out and forgetful. I worry about the safety of our child when he watches him alone. We are currently going through court to work out a custody arrangement. He wants 50/50, but I am very uncomfortable with the idea. How will his drug use affect his argument for custody?

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Attorney answers 5


His drug use will kill his bid for 50/50. He'll be lucky to get visitation. The court administers drug tests.

Good luck.


It depends upon how whether it affects his parenting and the individual opinion of the judge in the case. If he uses it around the children, it will be negatively considered for sure. If not around the children, then maybe not so much.

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It doesn't help his case. Does it impact his ability to parent will be one question to be answered. Have an attorney.


My colleagues are correct. Out her in CO and WA it would not be a deal-breaker. However, you are in NY. A judge has an incredible amount of discretion in a case and if they frown on marijuana use, even if it is for medical reasons, then it harms your case.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.


Since marijuana, rightly or wrongly, is still a Class I controlled substance per the federal government, and illegal in NY, and if you can show this degree of use by dad, he should not be successful. One may infer even if he does not smoke when the children are visiting, it is stashed in the house, it is a violation or crime, depending upon the quantity, and what if the kids find it? You get the idea.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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