As marijuana increases in becoming legalized in various states, it is having negative effects on child custody laws.

There have been a few cases recently that have involved whether children were considered safe in the homes of parents that were legally using marijuana.

These included a father in Colorado who lost custody of his daughter once he received a medical marijuana card.  Another case includes a couple that was growing legal medicinal pot and had their child taken away by child protection authorities.

Need an experienced family law attorney to represent you?

Get in touch with our Family Law Team today!
Contact Us Now

I have worked with Timothy Durkin in Family Law matters. He is amazing and helped change the life of my daughter in positive ways. He looks for a way to settle and if he can’t he is a bulldog in the courtroom and a pleasure to watch during cross examination! I highly recommend more
Dr. Harvey Abrams, D.
With all the chips against me. Out of the blue was Tim Durkin attorney at law. If there's anybody that can help you. It is Tim Durkin. Guaranteed. I believe God works beside Tim throughout it all. Tim had all of the answers and everything fell into place. Everything was fair and he was decent, polite and well-mannered. Very professional in and out of the courtroom. He is impressive and he gets the job done well. Anyone that has the honor to meet him and/or work with him, will always hold him in their heart and wish him the best. Because he's not just an attorney that defends your rights, but he fights for what is right and fair, he's a friend that protects you. With his loyal staff, they are the Attorney at Law to represent you in family more
NancyAna L.
I can honestly say that working with Tim Durkin has been a wonderful experience through a very trying time. I had a very messy situation and hated disclosing such personal information to a stranger. Tim was always professional. He was very patient and took the time to ensure I understood what was happening. I would recommend Tim Durkin to anyone looking for a family more
Melissa C.


Marijuana in Arizona Custody Laws

While marijuana is still illegal in the federal law, many states have made marijuana legal.

However, it can still be seen as being unsafe for a child’s environment.  Marijuana has also been seen as partly abuse of a child.

In Colorado, marijuana has been treated like heroin when it comes to children’s welfare.  It can’t be legally present when there are children in living in the house.

There are many advocates for change but for now, it remains with the courts to decide about individual cases if a child is endangered when pot is in the home.

Arizona Custody Laws

Medicinal marijuana use is legal in Arizona but when it comes to child custody, the laws are just as unclear in Arizona as in Colorado.

Under ARS 36-2813, no one can be discriminated against to be denied custody or visitation of a child unless it is clear that there is unreasonable danger to the safety of the child.

Thus, it could be argued that medicinal marijuana card holders have parental rights to child custody.

But under ARS 8-533, the termination of a parent’s custody rights can occur if there is abuse of controlled substances and the environment is deemed unsafe for the child.


Call the Family Law Team at (480) 467-4348 to discuss your case today.

Schedule Your Consultation

Fill out the form below to get your consultation and discuss your best legal options.