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Pot in the house and kids: a magnet for family law disputes

More than a score of states across the country, as well as the District of Columbia, now have laws authorizing the possession and use of marijuana for medical reasons. Although the parameters of those laws vary across the states, the bottom line is that a legal framework exists for identifying eligible users and establishing a grow/distribution scheme.

Most Arkansas residents know, of course, that Arkansas is not among the growing list of states evidencing a progressively liberalized attitude toward marijuana use in any form. State authorities continue to take a dim view of pot possession and use for any reason, with pot-related arrests often resulting in harsh criminal consequences.

The fallout in such cases in the realm of family law can also be severe, especially where children are concerned.

That concern is expressed in a recent media article examining how child custody and visitation matters can jump to center stage in a family court proceeding even in instances where a parent’s use of medicinal marijuana is legally authorized.

In Arkansas, where it most patently is not, outcomes in pot-related cases where a parent’s possession and use is challenged as demonstrating a lack of fitness can easily result in a judicial determination that a child is endangered by proximity to drug use.

The effect of such a ruling can obviously alter an established custody arrangement in material ways and be devastating to a loving parent.

An experienced Arkansas attorney with a tenured record in assisting clients across a wide universe of family and criminal law issues can answer questions and provide aggressive representation in any family law matter.

Source: Fox News, “Changing pot laws prompt child-endangerment review,” Associated Press, June 15, 2014

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