The law and societal beliefs around cannabis use have drastically changed over the last few decades. However, conservative judges may still consider cannabis use when making child custody decisions, so it’s important to understand the laws surrounding this issue if you are confronting a child custody dispute.
New Jersey Laws Regarding Cannabis Use
In 2010, New Jersey passed a law that legalized the use of medical marijuana in the state. In 2021, the law was further expanded by the New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization (CREAMM) Act of 2021, which legalized the recreational use of cannabis in the state for anyone 21 or older.
The expanded law expunged certain marijuana-related crimes from people’s criminal records. Additionally, the Act specifically states that a person’s parental rights cannot be removed due to marijuana use alone.
New Jersey Child Custody Factors
When courts are tasked with making decisions regarding a child – including child custody and child support cases – they must consider what is in the child’s best interests. Courts do this by considering various factors enumerated by law, such as:
- The needs of the child
- The relationship of the child with their parents and siblings
- Any history of domestic violence
- The safety of the child and the safety of either parent from physical abuse by the other parent
- The parents’ ability to agree, communicate, and cooperate in matters related to the child
- The parent’s willingness to accept the custody award and any history of unwillingness to allow parenting time not based on substantiated abuse
- The child’s stated preference if of a sufficient age and ability to reason to form an intelligent decision
- The parents’ employment responsibilities
- The age and number of the children
- The stability of the home environment each parent offers
- The quality and continuation of the child’s education
- The fitness of the parents
- How near the parents’ homes are to each other
- The extent and quality of time spent with the child before or after the separation
Notably, the state’s child custody laws say that a parent is not considered unfit unless their conduct is shown to have a substantial adverse effect on the child.
The Intersection of Cannabis Use and Child Custody in New Jersey
While cannabis use alone might be insufficient for a parent to lose their parental rights in New Jersey, thanks to the more liberal laws our lawmakers have passed, family courts can still consider it when making child custody decisions.
The court’s test is to determine what is in the child’s best interests, and sometimes that means awarding child custody to a parent who does not partake in any type of drug, legal or not. If a parent’s marijuana use is threatening the child’s well-being, the parent drives with the child in the car after partaking in marijuana, or is not alert enough to carefully tend to the child, this could affect a child custody decision.
If a child was ever injured while in the care of a parent who was under the influence of marijuana, this fact will likely be brought up in the case. A family court could limit child custody rights, change parental rights, or order supervised visitation if it finds that marijuana use could adversely affect the child’s safety or well-being.
For these reasons, it’s important to work with a highly skilled family lawyer if you are confronting these issues.
Contact a Family Law Attorney for Help
Cannabis use is now legal in New Jersey for both medical and recreational purposes, and the law makes clear that marijuana use alone cannot be the basis for terminating parental rights. Still, when child custody is at stake, judges may weigh cannabis use as part of the broader determination of a child’s best interests.
Because of these complexities, it is essential to seek guidance from an experienced family law attorney. A skilled lawyer can help you understand your rights, present your case effectively, and protect your relationship with your child.
To learn more and get the help you deserve, call The Law Office of Jennifer J. McCaskill, LLC, our divorce & family law firms in Red Bank. NJ are ready for anything. Call us at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
