Marijuana in a Broken Marriage

Posted by on Jun 15, 2016 in Family | 0 comments

Marijuana is one of the most popular recreational drugs in America and is used by millions of Americans every day. Despite this, the use of marijuana can affect many aspects of a divorce, especially child support and custody. In Colorado both recreational and medicinal use of marijuana is legalized. But according to the Family Law and Cannabis Alliance, the law contained no specific provision to protect parents from CPS intervention. The severity of the effect on the divorce, whether the user is being divorced for an addiction or battling custody, lies at the hands of the judge.

One of the contributing factors concerning substance abuse in a divorce is the conduct of the user. The court usually looks at when and where the marijuana is consumed. For example, if the spouse uses marijuana in a more conspicuous place like a car as opposed to the public area of the home, the severity of the charge can decrease. The frequency of use is also investigated to determine the degree of abuse. According to Westchester drug crime attorney, a spouse can file for divorce based on factors such as possession, sale, cultivation, and paraphernalia.

If a child is involved in a divorce involving a drug charge, the difficulty for the user to be granted custody increases significantly. Toddlers and adolescents are assumed to be at a greater influence of the use of marijuana. Also, like any child custody case, the financial and professional lives of the spouses are evaluated. According to BB Law Group PLLC, “Generally, the parent with whom the child resides most often receives child support payments…but this, and the amount of payments, might vary.” Overall, a drug charge complicates the nature of the divorce and financial future of the user.

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