Could Cannabis Use Affect my Child Custody Case in Massachusetts?

In recent years, the laws governing the recreational use of marijuana and cannabis products by adults have become far more permissive. Currently, Massachusetts allows persons 21 years or older to carry up to 1 ounce of marijuana and possess up to 10 ounces in their home. Adults can also grow their own cannabis plants for personal use up to certain limits.

But how can legal adult use of marijuana or cannabis impact your rights as a parent? More specifically, could a judge consider cannabis use as a factor when deciding a contested child custody case? The short answer is yes. Now, the mere fact that a parent occasionally uses recreational marijuana is not itself decisive. A judge will basically look at it the same way they would consider alcohol use. In other words, it is not whether the parent uses the drug, but whether they use it to excess or in a way that might endanger the child.

Judge Cites Mother’s Cannabis Use During Pregnancy, Breastfeeding in Awarding Custody to Father

A recent decision from the Appeals Court of Massachusetts, Dinota v. Dinota, is instructive here. This case involves a couple that married in 2015 and had one child. The parties separated in 2020 and the mother filed for divorce in 2021. The father filed a counterclaim alleging “cruel and abusive treatment” by the wife.

During the trial, the court learned that the father was the primary stay-at-home caregiver for the child. While the father had a prior history of alcohol abuse, he testified that he’d been sober since 2017. He further maintained the mother was not supportive of this sobriety.

Both parties also “regularly and heavily consumed cannabis.” At the mother’s urging, the father started growing cannabis in the basement, which the mother consumed. Notably, the mother continued to use cannabis before driving to work and while breastfeeding the child.

Ultimately, the court found that both parties abused one other during the marriage. The judge decided to award physical custody to the father, however, with limited visitation rights for the mother. In part, this was due to the mother’s continued cannabis use and her “unwillingness to sacrifice partying for the benefit of a pregnancy.”

The mother appealed, but the Appeals Court upheld the trial court’s decision. The Appeals Court noted the trial judge’s rule was to determine what custody arrangements would be in the child’s best interests. And the judge was allowed to consider the mother’s cannabis use as evidence that her “judgment with respect to the child’s best interests was questionable.”

Contact a Peabody Child Custody Attorney

The simple fact is that any excessive alcohol or drug use by a parent can be used against them in a child custody case. That is why it is important to work with an experienced Peabody child custody lawyer who can advise you of your rights and responsibilities in this area. Contact Reade Law Firm, PC, today at 978-767-8383 to schedule a consultation.

Source:

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