Can Legal Use of Marijuana Affect Your Child Custody Rights in Nevada?
Since recreational use of marijuana became legal in Nevada in 2017, parents in a custody dispute sometimes wonder if legal use of marijuana by a parent can affect the outcome of a child custody case. While there are no specific rules or laws about legal use of marijuana in a custody case, the law concerning custody may result in marijuana use affecting a custody decision in some cases. When you face legal custody issues, it is always essential to talk with a custody lawyer and not make assumptions about how a judge will treat a case. There are some generally applicable principles that provide guidance, however.
Legal Marijuana Use in a Nevada Custody Case
The issue of marijuana use may arise in a number of different ways in a custody case. It may be raised by a parent during the initial custody action, to prevent the other parent from obtaining custody or visitation rights. The issue may also be presented during a request for modification of a custody order.
No law provides that using marijuana legally prevents a parent having custody. However, the circumstance of an individual case may lead a judge to determine that the marijuana use affects the parent’s ability to care for the child. In this manner, the use may represent an obstacle when the judge makes the required determination of what is in the best interest of the child. It is important to note that the court will only rely on objective evidence that demonstrates how the marijuana use affects the child’s best interest and the parent’s ability to take care of the child. Unsupported allegations will not suffice. This fact is one reason why legal representation in a custody case is so important.
There are many different situations in which a parent’s marijuana use may — or may not — affect the child. The judge will get to the bottom of all the issues before making the required custody findings. For example, does the parent use marijuana around the child or not? Does the child have access to the drugs? Does using marijuana affect the parent’s ability to drive or otherwise take care of the child and their financial needs? These and similar matters will affect the determination of whether marijuana use is even an issue in the custody case. Unless evidence demonstrates that it is an issue, the judge is unlikely to find that it is an issue.
What To Do If Legal Marijuana Use May Be an Issue in Your Nevada Custody Case?
If legal marijuana use (yours or the other parent’s) may be an issue in your custody case, proceed very carefully. The smartest approach is to talk with a knowledgeable lawyer and discuss the issues with your lawyer. Do not talk about them with anyone else (including the other parent). Refrain from making assumptions or drawing conclusions, and do not make accusations. Your lawyer is in the best position to provide you with guidance about how to proceed legally under the circumstances.
Work with your lawyer to gather evidence to support your case on the issue of legal marijuana use. Do not make up evidence. The court will only be concerned with objective, provable evidence relating to the marijuana use and other issues in the case.
Generally, if a parent uses marijuana legally, the court’s inquiry focuses on whether the use affects the parent’s fitness to care for the child and whether it is detrimental to the child’s best interest. The court’s consideration is two-fold: the effect on the child and potential impairment of the parent. You and your lawyer will focus on those issues in your discussions, too. You will also address allegations made by the other parent relating to the marijuana use.
Free Consultation With an Experienced Las Vegas Child Custody Lawyer
Respected family law attorney Joseph Gersten assists clients with all types of child custody issues, as well as all other types of domestic law matters. Attorney Gersten’s investigative background and trial experience are especially important in custody cases that require gathering evidence and presenting the case in a hearing. His knowledge of drug laws and offenses also is beneficial when a custody case involves allegations of drug use or abuse by a parent.
Attorney Gersten vigorously protects your rights and interests, whether you are presenting a claim of legal marijuana use in a custody case or defending against the claim. He handles petitions for modification of custody and termination of parental rights cases, as well as custody cases in divorce or legal separation proceedings.
At The Gersten Law Firm, your initial consultation is always free-of-charge.
