Legal Question in Family Law in California

If someone smokes marijuana discreetly to treat anxiety without a doctor's prescription will this affect them being able to get their 50/50 custody after a divorce?


Asked on 3/01/14, 1:35 am

1 Answer from Attorneys

Kelvin Green The Law Office of Kelvin Green

If someone uses oxycode discreetly to treat pain without a doctor's prescription would this affect it too? The courts will look at illegal use or abuse of drugs when determining what the best interests of the child. If I were opposing attorney I would fight to ensure you had no custody. First the fact that you would buy something illegally, especially drugs calls your judgment into question. Second the fact that you can self diagnose a complex mental illness on your own and then self medicate would raise judgment issues. Third there are enough studies to suggest that THC can be good for something's but can make matters worse.

If you can't handle stress then you may need professional help. Kids cause stress. What happens if you have custody of the kids. Discreetly take the marijuana but then the kids need to go to the hospital etc ?

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Answered on 3/01/14, 6:21 am


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