Although
it remains to be seen whether Minnesota will follow the trend in some other
states and loosen laws restricting the use of drugs like marijuana, the issue
has raised questions about how a parent's alleged drug use would factor in to a
child custody dispute. What might come to some as a surprise is that judges and
other experts in child custody cases
have said that they would address the question of a parent's drug use with
little regard to the legality of the drugs themselves.
In
family law, there is an important distinction between a parent's drug use in
and of itself and the ability of that parent to rear and raise a child. If a
parent's use of marijuana or some other substance affects that parent's ability
to take care of a child or meet parental obligations, then that drug use may
cause a parent to lose some custodial rights, even if the drugs are legal or
even prescribed.
Conversely,
if the only complaint about an otherwise good parent is that the parent may use
illegal drugs in their spare time, then that complaint is not likely to affect
the outcome of a child custody dispute. Of course, if the parent winds up
getting arrested in connection with illegal drug use, then that parent probably
won't be able to meet their parental responsibilities while in jail.
In
Minnesota, a judge will determine a child custody case based on what is in the
best interests of the child. The judge will use a number of factors, outlined
in the law, to make this decision. While a parent's drug use can play in to
this decision in certain circumstances, this is not always the case.
Source: ABC 7, "No laws dictating marijuana consumption in child custody cases,"
Ryan Budnick, Feb. 27, 2013
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