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Child Custody and Intoxication: Pot Versus Alcohol

With the legalization of marijuana, Courts have a unique challenge in family law cases involving parenting time and parental responsibilities.  The use of alcohol, although legal, can impair a parent's ability to care for their children.  At times, it is appropriate for the Court to limit a parent's use of alcohol.  The use of marijuana, although legal, can likewise impair a parent's ability to care for their children.  When faced with a request to place limitations on a parent's use or consumption of a legal substance in a child custody case, the Court must determine whether the parent's use of the substance has or is likely to place their child in harms' way.  The Court determines this by looking at the evidence.  The Court may look at whether or not the parent has consumed alcohol to the point of intoxication while caring for a child, whether the level of intoxication was such that the parent's ability to care for the child was impaired, and how often a parent becomes intoxicated.  The Court would look at similar evidence with respect to marijuana use.  In fact, in child custody cases, the Court must determine the same questions when considering a parent's use of any type of mood or mind altering substance, including marijuana.  http://www.denverpost.com/ci_22445228/parenting-and-pot-divorce-lawyers-perspective-marijuana-legalization 

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