If time with your children was restricted due to marijuana use, you might think the legalization of the drug is going to remove some of those restrictions.
Two years ago the voters of Washington State approved Initiative 502 which removed criminal and civil penalties for the production, distribution and possession of marijuana. This new law has resulted in some parents questioning whether they could modify their court order.
In reality, however, the legalization of marijuana will probably not significantly change the court’s position on custody or other family law proceedings.
Let us explain why:
Visitation schedules are normally decided with the best interest of the children in mind. Just because marijuana is legal does not mean a judge won’t feel that the parent is using marijuana in a way that suggests he or she is a careless parent.
Consider the fact that alcohol is legal in every state, but a judge will take into account whether a parent overuses alcohol. Excessive use of any substance can have a detrimental affect on custody and visitation.
Also another consideration is the fact that just because Washington State passed I-502 does not mean that federal law has changed. Under federal law, marijuana is considered a Schedule I Controlled Substance.
Don’t expect that I-502 will give a free pass to parents who use marijuana. Instead parents should be able to prove that whatever substance they use is used responsibly.
For answers to any questions about child custody or other family law concerns, contact Lambert law. Call 360-737-1473.
Click here for more resources on divorce and child custody in the Vancouver, WA area.