Missouri’s Amendment 3 legalized the recreational use of marijuana (although marijuana is still illegal under federal law). Prior to the legalization of marijuana, a person could only lawfully possess marijuana in Missouri with a medical marijuana license. I had written a blog that addressed the impact of medical marijuana as it pertains to child custody cases. What does the legalization of recreational marijuana in Missouri now mean for divorce and child custody cases?
Sales of recreational marijuana begin in February 2023 although the law went into effect in December 2022. Missouri’s marijuana law now makes it legal for anyone older than twenty-one to buy and possess up to 3 ounces of marijuana. The marijuana must be purchased in Missouri from a licensed dispensary facility until medical facilities convert their licenses to comprehensive facilities. Missouri has been accepting applications to allow persons twenty-one years of age or older to cultivate plants for personal use within an enclosed, locked, facility. The Missouri Department of Health and Senior Services provides information which can found here.
Now that Missouri has legalized recreational marijuana, evidence that a parent uses marijuana, by itself, is unlikely to affect child custody. A court is required to consider certain factors in making a child custody determination. A parent’s ability and willingness to perform their function as a parent remains a factor for a court to consider. The best interest of a child is of paramount importance to a court. A court can consider a parent’s inability to care for a child because of a parent’s marijuana use. The type of evidence to be presented will depend on each parent’s individual behavior. The behavior could range from an inability to help a child with homework and personal hygiene to more extreme cases of abuse or neglect.
Each person’s divorce or child custody case is unique. As such, the type of evidence that will be presented will vary with the parent or family. A court will be the most concerned with how a parent’s marijuana use affects the parent’s ability to care for the health, education, and welfare of a child.
Drug use or drug abuse is not limited to marijuana. A parent’s use of cocaine heroin, methamphetamine, pills, and synthetic drugs can be presented in court. Judges in divorce and child custody in Missouri will be concerned with the use of these drugs, particularly in child custody cases. Reports exist of people who have died from the use of fentanyl and heroin. People who have attempted to produce methamphetamine create a risk of fire or explosion which creates a risk of harm to a child. And of course, the use of drugs can affect a parent’s ability to actually parent and care for a child. The parent who does not use or abuse controlled substances generally has the better argument to obtain custody of a child.
Yes. But, not without a change in lifestyle. There are ways that a parent can redeem themselves to improve his or her argument to maintain or obtain child custody.
Contact Scott Hamblin for more information regarding divorce and child custody in Mid-Missouri.
Scott Hamblin earned his juris doctorate from the University of Missouri-Columbia School of Law in 1999. Scott concentrates in his practice in the areas of divorce, child custody, and family law, and federal and state criminal defense and personal injury law.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
I would highly recommend attorney Scott Hamblin. Mr. Hamblin was very easy to work with, explaining all my options as the case progressed. He took into consideration my priorities, what was most important to me, and skillfully negotiated them into an ideal settlement agreement. And his legal assistant, Madasyn, is such a delight to interact with.
Scott was honest, he was straightforward, and the best of all he was good at what he does. He's very knowledgeable and practices his craft well. I had a 10/10 experience with Scott and will trust no other attorney to handle my case.
Scott Hamblin is a great attorney. Between Scott and his legal assistant Madasyn, I felt like all my questions were answered promptly and thoroughly. Scott is very knowledgeable and was very well prepared for trial. I would recommend Scott to anyone needing an attorney.
Can't say enough good things about Mr. Hamblin and his team. They're responsive, treat your case like it's their own, and are personable as can be. Court can be daunting, but they are there to help you through every step of the tough process. Madasyn is part of this team and deserves to be recognized too, as she was friendly and encouraging from beginning to end. They handle it all with ease and you won't regret coming to them for help and advice along your journey.
10/10 recommend Mr. Scott Hamblin. Mr. Hamblin and his legal assistant Madasyn have been wonderful throughout my whole case and very prompt, and helpful the whole time. He was very thorough and left nothing missed during my whole case. Questions were answered quickly throughout the process whether through email, phone or in person. As well as the whole process was explained step by step. I highly recommend Mr Hamblin for any family law matters! I couldn’t of asked for better representation for my case.
I came across Scott Hamblin on the internet and read his bio and was very impressed. I have not been disappointed with his knowledge and understanding. If you are in need of a great lawyer, this is the call to make. You will not regret hiring him. Thank you, Scott.
Scott recently provided outstanding representation for my divorce. He was well-prepared throughout the course of the litigation and trial, resulting in a very favorable outcome for me. Scott is a very bright attorney who takes pride in his work, and it shows. He is truly in a league of his own.
Scott is a phenomenal attorney, no sugar-coating straightforward and to the point. As an older man I found myself in a custody case, and had little hope of any outcomes in my favor. This guy knows his law and his business, and is about it. His personality is soothing and his office is always on point. To say I’m ecstatic with his ability is an understatement.
Scott is the best attorney, hands down! My husband had a fairly difficult case, he had little hope that he’d be able to receive anything he was asking for and Scott helped him achieve everything, very quickly. He’s very professional, compassionate and understanding and works hard to help you achieve the best possible outcome. We are very thankful.
Scott came highly recommended by an attorney friend of mine after I received an unfavorable outcome working with a different lawyer in the area. Scott was smart, pleasant to work with, and achieved the best possible outcome for me. I only wish I would have used him sooner.
For accessible and experienced representation, contact attorney Scott Hamblin today.
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