In Oklahoma, smoking medical marijuana can impact child custody cases, though it’s not an automatic disqualifier. The key factor in any custody decision is the best interest of the child, and courts will consider many aspects, including the overuse of legal substances like medical marijuana.
Smoking Medical Marijuana And Custody
If you smoking medical marijuana and have your marijuana card, it’s important to understand how using the drug can affect your both you sole or joint custody case. Under Oklahoma Medical Marijuana Act (OMMA), having a medical marijuana card alone is not grounds for modifying or denying custody or otherwise make you an unfit parent. However, the manner in which you use medical marijuana and its impact on your parenting abilities can be scrutinized.
In child custody cases, Oklahoma courts focus on the child’s best interests, considering factors like the mental and physical health of the parents, drug abuse, emotional ties between the parent and child, and the parent’s ability to provide for the child’s needs. If your use of medical marijuana doesn’t interfere with these factors, it may not significantly impact your custody case.
Evidence Of Marijuana Affecting Parenting Ability
If there are allegations or evidence that your marijuana use negatively affects your parenting ability or your child’s wellbeing, the court will take this seriously. For instance, if you’re using medical marijuana irresponsibly or if it’s affecting your capacity to care for your child, this could influence the court’s decision on custody and visitation rights.
Disparity In Federal And State Law
It’s also important to understand that while medical marijuana is legal in Oklahoma, it’s still illegal under federal law and in several other states. This can create complications, especially if there are interstate issues in your custody case. Furthermore, in situations involving allegations of substance abuse, Oklahoma courts may require drug testing. While a positive test for marijuana may not be a decisive factor against you, it can lead to further inquiries into your lifestyle and parenting.
Practical Considerations
Joint or sole Custody cases are deeply personal and vary significantly from one case to another. As a medical marijuana user in Oklahoma, it’s important to demonstrate responsible use and how it doesn’t impair your ability to provide a safe, nurturing environment for your child. This might involve showing that you’re compliant with the state’s medical marijuana laws and regulations, that your usage is purely for medical purposes, and that it does not hinder your daily responsibilities, especially those concerning childcare.
Child Custody Attorneys You Can Count On
If you’re dealing with a custody case as a medical marijuana patient, it’s advisable to consult with on of our family law attorneys attorneys. We can will help you understand how your marijuana use might be perceived in your specific case and advise you on the best course of action to protect your custody rights while ensuring your child’s best interests. The attorneys at Tulsa Divorce Attorneys and Associates provide guidance for clients in Oklahoma dealing with child custody cases involving marijuana use. Facing custody concerns in the state? Contact our family law Attorneys at (539) 302-0303 or online for advice.