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How might the change in Virginia marijuana laws affect custody?

On Behalf of | Dec 8, 2021 | Child Custody

As parents, you will have differences over how to raise your children. For example, you want your child to go to church with you each Sunday, and your co-parent thinks that is indoctrination. Or you want to send your child to one school, and they want them to go to another.

One area you may have irreconcilable differences is marijuana. You might hit the roof if you found your teenager smoking marijuana, while your co-parent may consider it no big deal. The recent relaxation of Virginia’s marijuana laws may complicate matters further. While your child would still be breaking the law if they used or possessed marijuana, you as adults can smoke or grow marijuana if you wish.

Parents need to keep marijuana away from their kids

The new laws come with several restrictions. One concerns the permission to grow four marijuana plants for personal use. You can only do it when you take precautions to prevent those under 21 from accessing them. What counts as adequate precautions could come up for debate in a child custody dispute. For example, your co-parent says they keep the plants in the spare room. Yet, what if they hang the key in the kitchen where the kids can find it?

When someone uses marijuana could also be an issue. Your co-parent says they only smoke it once the kids are in bed. Yet what if the kids wake up in the night and go downstairs?

Marijuana can be an emotive subject. If you feel your co-parent is exposing your child to harm, be it via drugs or something else, it is crucial to find out more about your legal options to protect them.

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