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Child-endangerment rules in conflict with marijuana laws

As is the case throughout the U.S., child custody laws in South Carolina aim to preserve the best interests and well-being of the child or children concerned. This usually means access to both parents unless either of them is deemed to be a danger to the child. However, in some states, child custody legislation has not kept up with changing laws surrounding marijuana use. This means that some parents have found themselves at risk of losing their children, despite adhering to state law.

In Colorado, for example, although adult marijuana use is considered legal, it can still be a problem when it comes to decisions on child-endangerment. Although the parent might legally be allowed to possess marijuana, their child is still considered to be drug-endangered if the substance is in the house. Efforts to alter the law have been met with opposition from both sides of the marijuana argument.

In another case, a father lost visitation rights as a result of his marijuana use, despite never smoking it in the presence of his daughter. Fortunately for him, his lawyer was successfully able to guide him through a custody appeal. Nevertheless, these are but a couple of examples of a growing problem. It is important to be aware of the laws of your state in order to avoid finding yourself in a similar situation.

Many parents in South Carolina find themselves fighting for fairer custody terms for various reasons. It could be due to a difficult divorce, matters of health, or even conflicting legislation as in the cases mentioned. It can be a difficult battle to fight alone, but an attorney can help you through it. With the right guidance you can work toward the best possible arrangement for yourself and your children.

Source: WISTV, "Changing pot laws prompt child-endangerment review," Kristen Wyatt, June 15, 2014

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