Child Custody and Medical Marijuana Use: A New Problem for Parents

Illinois legalized both medical and recreational marijuana on January 1, 2020. However, use of marijuana is still illegal on the federal level, and there is still a strong stigma against it in the family courts. When divorced parents use marijuana, even for medical purposes, it can raise issues that negatively affect parenting time and custody agreements.

If you are a divorced parent who needs to use medical marijuana, or you are concerned for your children’s well-being because of your ex-spouse’s marijuana use, a consultation with a family-law attorney can help find your best options. The child custody lawyers at Wolfe & Stec offer a free and confidential consultation to examine your individual situation.

Contact the team of child custody lawyers at Wolfe & Stec by calling us at 630-305-0222.

Can Use of Medical Marijuana Affect Child Custody?

The Complexities of Cannabis Use

Medical marijuana is legal with a prescription in Illinois, and the drug is used to treat certain medical conditions and improve the lives of people who live with chronic illnesses. The argument over the legality of medical cannabis becomes extremely complex when it crosses over state lines. In some cases, as one military veteran and his wife found out, it can also affect a child custody agreement.

In this case, a retired U.S. military member and his wife lost custody of five of their children because of his use of medical marijuana. Although the veteran did have a valid prescription, it is not legal in the state where he previously resided. He planned to move to the state where his prescription was legal, but in the meantime, his children were taken into child protective services because family members reported concerns over a risk of exposure to or consumption of cannabis.

Marijuana is federally classified as a Schedule I drug, together with substances like heroin and ecstasy. Under this classification, marijuana is seen as having no medical value while also possessing a high potential for abuse. This, along with the bias that continues over its use, significantly complicates child custody cases.

Medical Marijuana Use and Child Custody Issues

Illinois’ Marriage and Dissolution of Marriage Act governs the allocation of parental responsibilities and parenting time after a divorce. The amount of parenting time each parent has with their child is decided according to the best interests of the child. If one parent is using marijuana, even for medical purposes, the other parent may become concerned that the child is in danger and ask the courts for a modification of the parenting plan. The other parent may then have to prove that the use is not harming the child, or else parenting time or use of marijuana during it may be restricted.

Because illegality is no longer on the table in Illinois, parents involved in contentious divorce proceedings might zero in on how cannabis use can negatively affect the care that their child receives. They may claim that it could even endanger the child in several ways.

One of the most common arguments brought up by opposing parents is the worry that the marijuana-using parent may operate a vehicle while under the drug’s influence. They could also bring up that marijuana use might expose the child to secondhand smoke. Another worry is that edible cannabis often resembles candy, potentially leading to the accidental ingestion of high doses of THC.

Then there’s the worry about a child’s experiencing a contact high if they’re exposed to smoke. The risk is low, however, especially because a significant number of people choose vaping as their mode of ingesting cannabis. Vaping eliminates second-hand smoke and makes a contact high almost impossible.

In some situations there may be more danger involved if the use of cannabis is discontinued — for example, if medical marijuana is used to eliminate seizures or migraine headaches.

To place restrictions on one parent’s parenting time, courts must find that the preponderance of the evidence shows that use of marijuana during parenting time would seriously endanger the child’s “physical, mental, moral, or emotional health.”

Over the past few years, family courts have begun to see marijuana use in the same light as alcohol consumption. Although use is tolerated, the court could attempt to remove custodial or visitation rights if it impairs a parent’s ability to watch over their child.

Rely on Experienced Child Custody Lawyers

How Wolfe & Stec Can Help

Child custody issues involving marijuana use require experience and a clear understanding of Illinois law. We are a team of trial lawyers who know how to gather crucial evidence and present it as part of a clear narrative that demonstrates you are a fit parent.

Whether you’re seeking sole custody or a shared arrangement, our team of lawyers will work closely with you to ensure that your rights and the best interests of your child are protected.

We pride ourselves on being upfront about the challenges you face while also offering the support you need. You’ll always get straight answers from us and a clear explanation of how marijuana use can affect your custody claim. Our team offers the support you need through this difficult moment in your life.

Contact Wolfe & Stec for Help with Child Custody and Medical Marijuana Use Issues

Custody issues will always be complex because of their emotional nature. When you bring cannabis use into the picture, even if one of the parents consumes it for medicinal purposes, it can all escalate. That’s when it’s most important for you to hire child custody lawyers. At Wolfe & Stec, we offer dependable, compassionate, and experienced representation. A case evaluation can identify options available to parents on both sides of the issues involving medical marijuana and custody of their kids.

 We can help. Contact our child custody lawyers at 630-305-0222 and schedule a free consultation to learn more about your custody rights.