Marijuana use has become relatively common in the United States, not just in Georgia but across the nation. Certain parts of Georgia, including major cities like Atlanta and Athens, have taken steps to decriminalize cannabis as well. This has led to a situation where parents might feel more comfortable with using marijuana throughout marriage and parenthood. But how does this affect child custody in Georgia?
Georgia Courts Consider the Best Interests of the Children
Putting aside the quasi-legal status of cannabis in Georgia, family courts only consider the best interests of the children. In other words, the actual criminal consequences associated with cannabis use are less important to family courts than the well-being of your children.
Instead of asking whether you have ever been arrested for using cannabis, family courts might consider whether or not your cannabis use has negatively affected the children in any way. If the answer is no, then your cannabis use is unlikely to affect child custody outcomes.
That being said, some (including your ex) might argue that an arrest is inherently dangerous or harmful for your children. You and your lawyers may need to establish that your past charges did not traumatize your children in any way.
Do You Have a Medicinal License?
With all that said, this situation is considerably different if you have a license to consume medicinal marijuana. Family courts will view your circumstances completely differently, as your medical condition gives you a valid reason to use cannabis.
Note that drawing attention to your medical issues could also be problematic from a child custody perspective. For example, if you have a medical marijuana license because of a crippling, progressive disease, the court might conclude that you are unfit to look after your children.
Avoid Exposing Your Children to Marijuana
Whether you are legally allowed to use marijuana or not, it’s a good idea to limit your children’s exposure before, during, and after divorce. No matter what happens in the future regarding Georgia’s cannabis laws, children will never be allowed to consume this drug. If you leave your substances out in the open and within reach of your children, this could lead to a dangerous and problematic incident.
Consider using your cannabis in private, perhaps when your ex has custody of the children. Although cannabis might be decriminalized in some areas of Georgia, it can still inhibit your ability to act as a responsible parent – particularly when operating a vehicle. It is probably best to avoid revealing your cannabis consumption to your children.
Can a Family Law Attorney in Georgia Help Me Fight for Custody?
If you’re intent on fighting for positive child custody outcomes, your marijuana usage shouldn’t affect your rights as a parent. Consider discussing your options with an experienced child custody attorney in Georgia. These legal professionals can downplay the negative aspects of cannabis use while highlighting your strengths as a parent. To learn more, contact Lankford & Moore Law today.
