Greenville Family Law - Attorney Robert Clark

Helping Families & Children

Menu
  • Home
  • About
    • Robert Clark
    • Nick B. Saccogna
  • Family Law
    • Adopted family enjoying time together hiking on a forest trailAdoption Attorney in Greenville, SC
    • father giving his daughter a piggyback rideChild Custody Lawyer in Greenville, SC
    • couple dealing with a divorceDivorce Lawyer in Greenville, SC
    • Greenville South Carolina Family Law AttorneyFamily Law in Greenville SC
    • grandparents caring for their young grandchildGrandparents’ Rights
    • same sex marriageLGBT Family Law
    • siblings taking a photo togetherGuardian ad Litem
  • Blog
  • Resources
  • Find Us

MARIJUANA USE CAN HURT YOUR GREENVILLE, SC CUSTODY CASE

December 14, 2020

Across the nation, many states are relaxing their rules concerning medicinal and recreational marijuana. At the same time, other states have refused to give in, and so has the federal government. While marijuana use is more socially acceptable than ever, you should be mindful of how it may impact your custody case. Talk to a Greenville child custody attorney for questions or concerns you have.

Is Marijuana Legal in South Carolina?

Marijuana use is illegal in South Carolina. There has been proposed legislation to allow limited possession of marijuana for medicinal purposes. However, the state has not passed such legislation yet. And recreational use of marijuana remains illegal with no real signs of changing. If you smoke or possess marijuana in Greenville, South Carolina, you could be arrested. If you have a pending custody matter, it may affect what the judge decides.

Many parents believe that once they have a child custody order, there is little (if anything) that can change it. It’s easy for parents to become complacent and not worry about having to go back to court. After all, custody matters are trying on both parents and neither wants to fight it. However, if the other parent learns of your marijuana usage, it could be the basis of a motion to modify. Greenville, SC child custody attorneys always caution their clients to be on their best behavior.

What is in The Child’s Best Interests?

The overriding concern in any custody matter is the child’s best interests. How this standard is applied will vary from case to case. But a parent who uses marijuana must acknowledge the possibility that it could be a major determining factor in custody. This is true even if all of the other facts in the case weigh in your favor. For instance, you may have a stable, high-paying job, no history of violence, and sufficient housing for your child. You may even be in a relatively better position than the other parent on all these fronts. Marijuana use could still hurt you.

If the other parent knows about your marijuana use, it’s important to be proactive about it. Always let your Greenville, SC attorney know about facts that could jeopardize your position. There’s nothing worse than having your lawyer caught off guard with information you could have disclosed to them. If the judge learns about any drug use, he or she could order you to submit to a drug test. This can happen even if there’s no pending motion in court, simply because the judge believes there’s evidence of it.

There are cases where a parent goes to pick up a child for visitation while under the influence of drugs. If this occurs in your case, it will have serious repercussions. The other parent may even be justified in refusing to turn over the child, depending on the circumstances. And the other parent may later file a motion to modify custody.

Of course, it doesn’t necessarily take a drug test for the other parent to have evidence of your drug use. Parents always need to be careful about what they say on social media, or to the other parent. If you make posts showing yourself using marijuana (or any other drug), it could come back to haunt you. The same is true if you admit to using drugs to the other parent, or even a third party. Talk to your Greenville, SC child custody attorney about your drug use and whether it may impact your case.

WORKING WITH PARENTS THROUGH DIFFICULT CHILD CUSTODY CASES

Evidence of drug use will certainly complicate your child custody case. But there could be mitigating circumstances, such as the use of marijuana for only medicinal purposes. Regardless of what type of case you have, you need skilled legal representation. You need the experience of Greenville Family Law. Contact us today to schedule your consultation.

AN ADVOCATE YOU AND YOUR FAMILY
CAN TRUST

FIND US
Robert Clark Headshot
  • Adopted family enjoying time together hiking on a forest trail
    Click for more
    Adoption
  • father giving his daughter a piggyback ride
    Click for more
    Child Custody
  • Divorce Attorney in Greenville, SC - Robert Clark
    Click for more
    divorce
  • Greenville South Carolina Family Law Attorney
    Click for more
    Family Law
  • Family Lawyer in Greenville, SC for Grandparents Rights Cases
    Click for more
    GRANDPARENTS' RIGHTS
  • siblings taking a photo together
    Click for more
    GUARDIAN ad LITEM
  • Same-Sex Family Law Attorney - Divorce, Adoption, Custody, in Greenville, SC
    Click for more
    SAME SEX
paid family leave in south carolina

Bill Mulled to Allow Employees Paid Family Leave in South Carolina

marijuana can effect your child custody case

MARIJUANA USE CAN HURT YOUR GREENVILLE, SC CUSTODY CASE

resolve a custody dispute

Judges Plan Meet-up To Resolve a Custody Dispute

Modify-Child-Support

How to Modify Child Support in Greenville, SC

legal custody rights

Biological Parents Flee With Children Without Legal Custody Rights

Supervised Visitations

Can I Request That Visitations Be Supervised In Greenville, SC?

Child-Handed-to-a-Guardian

Child Handed to a Guardian after Dangerous Car Chase

Man and woman signing postnuptial agreement

Is a Postnuptial Agreement Right for You?

Thomas Ravenel

Former “Southern Charm” Reality Star and Disgraced Politician Thomas Ravenel to Marry Again

adoption scams to look out for

How To Avoid Adoption Scams

education

Greenville County Board of Education Helping Families this School Year

adoption

House Ways and Means Committee Seeks to Rescind South Carolina Adoption Agency Waivers

divorce

Divorce, Custody, And Special Needs Children In Greenville, SC

domestic violence

Domestic Violence And Child Abuse May Rise Due To Coronavirus Lockdowns

south carolina educational programming

Foster Children Among Others to Benefit From $19.9M South Carolina Educational Programming

Contact Us

FIND US

Greenville Family Law

2nd Floor General Air Building
5409 Augusta Road #200
Greenville, SC 29605-2727

Office: CALL US (864) 335-9730
Fax: 864-672-4584
Email: RClark@generalac.com

Greenville Family Law, PC BBB Business Review

PRACTICE AREAS

  • ADOPTION
  • CUSTODY
  • DIVORCE
  • GRANDPARENTS’ RIGHTS
  • SAME SEX
  • GUARDIAN ad LITEM
Copyright © 2021 Greenville Family Law - Made in beautiful Greenville, SC by EverConvert