In 2010, more than 50,000 people were arrested for possession of marijuana in New York City. That is an average of 140 people per day and represents 15 percent of all arrests made by the New York Police Department (NYPD) that year. It is also more marijuana arrests than were made by the NYPD from 1978 to 1996.
While one can only guess as to the true reason for the increase, there is no guessing that such an arrest can have long lasting, and devastating, consequences beyond the criminal courtroom - such as in child custody.
The Negative Impact in Child Custody Cases
In determining which parent should have custody of a child, courts base their decisions on what is in the "best interests of the child." To be sure, this is quite a subjective standard, with many variables to be taken into account.
Courts look at several factors in deciding the child's best interests, including: availability of the parent, mental and emotional health, possible separation from siblings, home environments, finances and lifestyle choices, like use of drugs and alcohol.
An arrest for possession of marijuana - or another similar thing - can be used against you in child custody cases. Many positive attributes of a parent are very quickly tainted by such evidence. While one parent's claim that the other uses marijuana is often one's word against the other's, an arrest for possessing or using marijuana or other drugs leaves little room for a judge to doubt that parent's drug use. The judge will wonder what other harmful activities in which the parent is involved.
While a marijuana arrest is not the end of the world in a child custody dispute, it must be dealt with - and in some cases it could swing the ultimate custody decision. If you are involved in a child custody case and have a marijuana arrest or similar arrest on your record, talk to an experienced child custody attorney to discuss your situation.
