Child endangerment is a crime that may refer to when a parent puts their pocket-size child in a state of affairs where expiry or serious injury is likely to occur. Although the definition of child endangerment will vary based on individual state laws, all parents are responsible for making sure that their kid is kept out of unreasonably dangerous situations. Thus, a court may penalize a parent for failing to protect their kid and endangering them.

Whether child endangerment may use to marijuana use will depend on the facts surrounding each case. For example, a court volition most likely deem that blowing marijuana smoke at a child or consistently smoking marijuana in the presence of a child would plant child endangerment. This is similar to how courts will view parents who consume alcohol irresponsibly or store alcohol in a location that is easily accessible by the child.

In applying this rationale, and so it is possible that marijuana use may be included as an activity that would qualify equally child endangerment. Some other factors that a court may consider in deciding such cases are whether a child was injured and if the child had access to the drugs.

Could the State Remove a Child from the Custody of Their Parents Regardless of Marital Status or Divorce?

A state may remove a child from the custody of their parents regardless of marital status or divorce. Such cases will usually begin with the police before a country bureau is called. Whether the CPS go involved for weed, will depend on factors similar the amount of danger or impairment that a child is exposed to due to a parent's marijuana use or the number of incidents reported to the police.

Even in states where marijuana is legal, parents have still been arrested for using marijuana in front of their child. The parents' marital condition or divorce is by and large irrelevant in this scenario.

However, many officials would not consider the use of marijuana past itself to exist enough to charge a parent with the type of kid abuse or child neglect that would warrant the removal of custodial rights. If a parent is accused of substance abuse though, then CPS may stride in and deport a full assessment of a child's home surroundings and/or parental figures.

During a home evaluation, agents from an agency like CPS will search for evidence of concrete, sexual, psychological, or emotional abuse towards a child. They may also look for signs of neglect or deprivation. Their findings will then exist compiled in a written report that is sent to the court for further exam. The courtroom will have discretion over whether to lodge CPS to monitor or conduct periodic checks of how a parent continues to care for their child.

Would Medical Marijuana Be a Viable Defense?

Medicinal marijuana is marijuana that has been legally prescribed by a doctor for a legitimate medical reason. Like to recreational marijuana, withal, medical marijuana would not be a viable defense in a child custody case. Whether the utilize of marijuana is for medicinal or recreational purposes, volition accept no bearing on a court's determination.

The same can be said of marijuana employ even in states where information technology already has been legalized. The court volition make its determination based on the factors discussed to a higher place and in accordance with the guidelines ready out by the child's best interest standard.

The most of import factor that a courtroom will analyze is whether a parent's use of marijuana places the child in any sort of danger. Thus, even if a parent is legally prescribed medicinal marijuana for a legitimate medical condition, the parent must have the aforementioned precautions as they would with some other potentially unsafe substance, such as hurting medication.

For instance, they would need to make sure their marijuana was deeply stored or out of their child's achieve, and must use it responsibly or as their physician prescribed. Otherwise, information technology truly makes no deviation to a court whether marijuana is legally prescribed or not when awarding child custody.

What Nearly in States where Marijuana is Recreationally Legal?

Recently, many states have begun legalizing recreational marijuana, as opposed to marijuana that is merely used for medical purposes. However, the legal condition of marijuana in a particular state will have no begetting on the court's decision in awarding child custody.

In other words, even if recreational marijuana is legal in the parent'south country, this unremarkably will not be a adept enough reason to justify engaging in drug activities that could potentially endanger or practice harm to their child.

Accordingly, a parent who uses recreational marijuana in a state where information technology has been deemed legal will non simply be relieved of their parental duty to go on their child safe and free from harm. Instead, courts in such states will typically compare recreational marijuana utilise to that of alcohol consumption.

For instance, while it is legal for adults to consume alcohol, they must do so in a responsible fashion and in a way that will not hurt their child. This same rationale can be applied to states that have relaxed marijuana laws. Therefore, even in states where recreational marijuana use is legalized, information technology tin still affect the safety of a kid and thus a parent's kid custody rights or arrangements.

Do I Need an Attorney for Assist with Marijuana and Child Custody Issues?

Standard child custody issues are hard plenty to resolve on their own, but when coupled with a drug-related thing, these cases will just go more complicated. Thus, to ensure that your parental rights are preserved on both problems, you may desire to consider hiring a local child custody lawyer for further legal guidance every bit soon as possible.

An experienced child custody lawyer will not merely exist able to assist you in navigating the laws and legal procedures affecting your right to obtain child custody, merely can likewise defend you and your interests against accusations of habitual drug use and/or improperly administered drug tests.

In improver, if you accept already failed a drug test in the past and are looking to regain custody over your kid after completing a drug treatment programme, your lawyer can help you file a petition to modify you and your spouse'due south kid custody arrangement with the court.

Lastly, your lawyer can also present an argument on your behalf in front end of a judge on why your child custody rights should exist restored.