There are a number of reasons why a court case would be needed to determine legal custody of a child. Divorces often lead to these hearings, as do other situations like questions of neglect or safety. Since the majority of the time, one or both parents are losing at least some of their parental rights child custody cases are rarely easy.
In Colorado, there has been some concern expressed over parents who use marijuana and these concerns have likely increased on the part of some citizens when it comes to child custody cases, thanks to a new amendment that was passed in the state last year. Many parents are starting to try to use the other parents' usage as a way to prevent them from having custody of the children, but according to people involved in child custody affairs, marijuana usage does not really have any effect.
What is more important to judges and to case workers with the Denver Human Services is whether the parent is able to care properly for their child. If a parent cannot prove that the other parent's usage of marijuana interferes with the parenting ability, then the chance of preventing that parent from having custody is likely slim.
If however, a parent can show that the parent neglects the child, fails to take an active part in the child's life, and is not providing for the child, then they may be able to convince a judge or government agency to take appropriate action. For parents seeking custody of their children, they may want to consult with an attorney for legal help and for further understanding of how the law views marijuana usage in child custody cases.
Source: ABC 7 News, "No laws dictating marijuana consumption in child custody cases", Ryan Budnick, Feb. 27, 2013