Minor Drug Charges and Child Custody

 Posted on October 21, 2015 in Child Custody

Any time a parent faces a criminal charge, his or her child custody or visitation agreement can be affected. This includes even seemingly minor charges, like possession of a small amount of marijuana. If you are facing any type of criminal charge, contact an attorney as soon as possible to discuss how this can affect your current custody arrangement.

Criminal Convictions Do Affect Custody Cases

How your conviction will affect your custody arrangement depends on a few different factors. These factors include:

• The nature of the conviction. Offenses that indicate a potential for harm to your child, generally violent and drug-related offenses, are often much more likely to affect a custody agreement than a nonviolent offense like a tax violation;
• The victim of the conviction. For a first-time nonviolent drug offense, this is not as prominent a factor as it would be in a case where the conviction was for domestic violence against a current or former partner;
• The age of the conviction. A more recent conviction will have a much greater effect on your child custody arrangement than an older conviction; and
• Your criminal history. If you have a record of multiple arrests and convictions, this will count significantly more against you than a record with only one offense.

Marijuana Laws and Child Custody

In the United States, our attitudes and laws about marijuana use are changing rapidly. Illinois' medical marijuana program is still in its pilot stage, meaning that individuals suffering from certain conditions may legally obtain marijuana for their own personal, palliative use.

If you currently use marijuana as part of the medical cannabis program, discuss this with your attorney to determine if your possession of marijuana can affect your child custody arrangement in any way. Although it ideally will not because you are legally using the plant to minimize your pain, marijuana is still a Schedule I controlled dangerous substance at the federal level. Always stay on top of the changing laws about medical and recreational marijuana and know how they can affect your particular case. As a parent, you have the right to have a relationship with your child. Work with an experienced attorney to protect that right.

Kane County Child Custody Attorneys

Everybody makes mistakes. Sometimes, these mistakes can permanently impact your relationship with your loved ones, including your children. If you have been arrested or convicted of any type of criminal offense, seek legal counsel to determine how this will affect your child custody or visitation arrangement as soon as you can. Contact an experienced Kane County family attorney at Goostree Law Group to schedule your initial legal consultation with our firm. We can answer your questions about family and divorce law and protect and promote your interests in interactions with the court.

Source:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3503&ChapterID=35