Understanding the Impact of Marijuana on Child Custody

How Does Marijuana Use Affect Oklahoma Child Custody Cases?

So let’s talk about marijuana use in Oklahoma and child custody. I’ve done videos on this topic in the past but I think it bears further discussion. My name is Brian L. Jackson. I am a Tulsa father’s rights attorney here with Dads.Law where fathers are not disposable. And we’re going to talk some more about marijuana use.

Now one of the things that I frequently hear from people when the issue of marijuana comes up in this context, in the context of custody litigation and family law is that people are like but it’s legal, but it’s legal, but it’s legal. Understand the fact that it is not a crime, well first of all it’s legal is sort of a misnomer. You can legally use pot under state law if you have a marijuana card. It is still a schedule 1 substance under federal law so to say it’s legal is really not entirely accurate. Also, it is regulated just like a prescription medication. So you know, the first thing is obviously you want to be in compliance with that law. Have a marijuana card. If you don’t, don’t use weed.

Also, and this is important too, just because you have your card it’s not a blank check to do whatever you want. I mean it’s still a crime if you’re driving under the influence of marijuana. And if you’re so stoned that you can’t care for your children, that’s still a problem. And the court can still hold that against you if it’s affecting your ability to care for the children. Because remember, any time you’re dealing with anything to do with kids in family court, the standard is always, always, always, always, always best interests. And if it is not in your children’s best interest to be around you when you’re baked, then if that’s what the court thinks, the court’s going to act accordingly.

Important Considerations Regarding Marijuana Use and Child Custody

The court can certainly order you not to consume cannabis products in the presence of your children. And that does happen. And if that’s the order of the court, then you are going to be obliged to follow that order whether you like it or not. Also, I would suggest that if your method of consuming cannabis is that you smoke it, don’t ever let, you know, don’t ever be smoking that in the presence of your children. If you are going to smoke it, you should smoke it in a context where you are away from your children, where they are not exposed to the smell, where they are not exposed obviously to the smoke itself, and where your marijuana product is not somewhere they can access it.

That also goes for edibles too. You should have an appropriate place to secure this stuff and be willing to tell the court that. Have some place you can lock it up. It is something the court can consider. It’s not an automatic black mark, the way it would have been a few years ago before the change of the law, but it is a situation that you need to be aware of. You don’t have a blank check to just do whatever the hell you want. So these are some things to bear in mind.

Use Good Judgment When it Comes to Marijuana Use

I think as a general rule, here’s the thing I would tell you, use good judgment. I mean it’s the same with if you are going to have a drink. Use good judgment. Don’t be stupid. It’s not okay to be messed up on alcohol in front of your kids. It shouldn’t be okay to be stoned in front of your kids. This is just a matter of use good judgment.

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And guys, if you have any questions about that, or if you need legal representation for something to do with a custody issue, I would encourage you to go to dads.law where fathers are not disposable.