If I’ve Smoked Marijuana, Will I Lose my Kids?

We’ve helped thousands of Utahns with divorce.

Over time, we’ve noticed some things. One of those things is that the two most popular ways of altering one’s consciousness is through liquor and marijuana.

Liquor is legal, so unless you’re a raging alcoholic, drinking every so often probably won’t affect custody of parent-time with your kids.

Marijuana on the other hand, that’s a bit of a different story.

Why Is Marijuana Different?

Marijuana is different from alcohol because using it is illegal in Utah. Yes, you can get medical marijuana in California, and you can smoke it all day every day in Colorado. In Utah, however, it’s a no-no.

Yes, I know, alcohol is probably worse overall than marijuana. It leads to more violence, etc. I get that.

The reality is that it’s still illegal and Utah divorce courts look at it as illegal drug use. They certainly don’t put it in the same level and using meth or coke, but if you use regularly, it will end up costing you.

What Can I Do if I’ve Smoked Marijuana?

So, what can you do if you’ve smoked marijuana in the past? Because, let’s face it, your soon-to-be ex is going to bring it up. If there’s a weakness to be exploited, exes will exploit it.

Here’s the protocol we suggest to clients:

  1. Use no more.

Stop right now. No more. If you want to maximize the chance to have time with your kids, you’ll stop.

  1. Get tested.

Get on a schedule and take urinalysis tests (usually $25-$50). Ask for a “supervised five-panel urinalysis.” The five panel tests for common drugs (e.g., coke, marijuana), so it should be fine.

Test every two weeks until you go to temporary orders or mediation.

If you test every two weeks and you’re clean, then you’ll be fine in front of a judge. If you go longer than two weeks, there will be questions about whether the tests have captured all possible marijuana use.

  1. Offer all the clean tests to your spouse and his or her attorney.

If you’re clean, share that. Clean tests will take the wind out of your spouse’s sails.

Bottom Line

Bottom line is there’s hope here. You won’t automatically lose your kids because you smoked marijuana.

You do need to stop, and you need to stop now. And you need to get tested to show the court you’re clean.

Finally, if you can’t stop, you need to get yourself in to treatment and receive the help you need. You won’t be any good to your kids or yourself if you’re addicted.

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