Substance Use and Child Custody: Alcohol, Drugs, and Emerging Cannabis Issues

As attitudes toward the legality of once-taboo substances (i.e., cannabis) evolve, so does the understanding of substance use, abuse, and addiction. A parent's use or misuse of any mind-altering substance (whether alcohol, psychoactive medications, and legal medical or recreational cannabis) can be a significant factor in a court's custody determination, especially if the substance use was a basis for any child welfare involvement.

The best-interest-of-the-child standard that predominates all custody determinations does not simplify the issues. Courts may determine that a parent who regularly uses or is addicted to a substance (especially if illegal) is unfit as a custodial parent. However, use, abuse, and addiction are not necessarily permanent behaviors. When shaping relief, courts often consider a parent's willingness to avoid such substances and/or progression toward sobriety.

Assuming that a parent's use of legal cannabis has the same effect in domestic proceedings as a parent's use of alcohol disregards generations of preconceived beliefs. One commentator notes, "A valid prescription may mean nothing if a judge is against the use of marijuana and/or believes it will affect childcare."

Listen as this panel, fully acquainted and experienced with how these cases are litigated and decided, guides family attorneys on the legal and practical aspects of the role of substance use, abuse, and addiction in custody battles.