Monday, September 26, 2011
If a parent smokes marijuana will it affect custody?
The Courts used to take a much stricter no tolerance position on the use of custody. Nowadays, with the increasing use of medical marijuana, the Court's focus tends to be focused on the issue of whether a parents marijuana use affects parenting ability and judgment. In the case of Court of Appeals in the 2010 case of Marriage of Parr, 240 P.3d 509 (Colo.App.Div.1 2010) the Colorado Court of Appeals reversed a portion of the trial court's order upon a finding that the trial court could not require supervised parenting time for dad based solely on his marijuana use without a specific finding that dad's conduct endangered the child physically or impaired the child's emotional development as set forth in C.R.S. §14-10-129(1)(b)(I). The answer will therefore be on a case by case basis.