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Family Law Attorney

I provide experienced legal guidance in family law, divorce and special education law. I represent parents and families throughout western Massachusetts.

Massachusetts child custody matters can discuss many issues

When a couple in Massachusetts seeks to end their marriage in divorce, there are many issues to be decided. When the same couple has children, the issues can include child custody and support. Such matters can be complicated when it is learned that one of the parents uses a drug, even if it a legal use of that controlled substance.

Many readers in Massachusetts know that the number of prescriptions written for medical marijuana is on the increase across the country. Those who obtain prescriptions are allowed to use the controlled substance in certain circumstances and small amounts. However, this use may pose a question to those considering the placement of a child.

The use of medical marijuana may be presented as evidence in a child custody case in some instances. When this occurs, it may be the case that a court is asked to consider if a parent's use of the controlled substance poses a threat to the safety of a child left in their care. It will be left to the court to make a determination as to the visitation schedule and primary child custody arrangement for parents seeking to end their marriage.

As our state begins to allow the use of medical marijuana, it may be increasingly likely that the legal use of the drug will be a consideration in some child custody matters being presented to our courts. Hence, a person who becomes involved in such a situation may find it beneficial to learn all of the details of the laws governing child custody in our state. This understanding may help parents to come to an agreement as to child custody that can benefit all involved.

Source: sfgate.com, "Lawful Medical Marijuana Patients Can Lose Child Custody Battles, But It's Getting Better," David Downs, Dec. 21, 2012

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Claudette-Jean Girard, Attorney at Law
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