Substance Abuse in Colorado Springs Divorce

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Substance abuse by a parent is an important consideration in determining the best interests of the children as related to parenting. It falls under the mental and physical health parenting factor. Substance abuse may implicate issues of whether a parent has the ability to care and provide for the children while under the influence. There can also be collateral issues such as court-involvement, medical issues, or unstable employment.

Depending on the severity of the overuse, it could result in parenting time restrictions or testing and monitoring requirements. Often a child and family investigation or a parental responsibilities evaluation may be helpful when there are substance abuse allegations. In the course of the evaluations a neutral professional meets with the family and explores the for the purpose of making a recommendation to the court about parenting. This chapter examines the impact of substance abuse allegations on allocation of parental responsibilities.

Commonly misused substances include alcohol, a variety of illegal drugs, marijuana, and prescription medications. These substances can significantly alter mental and emotional states for parents. Stimulants produce increased alertness and activity, whereas depressants have a numbing and inhibiting impact. Hallucinogens distort perceptions of reality. Also, opioids reduce the sensation of pain. Many such substances are addictive and have high regression rates even after sobriety is achieved.

Because marijuana is a legal substance in Colorado, there are special provisions surrounding its use and application to parenting matters. Initially only medical usage was allowed in Colorado. However, now recreational use is also permitted. Colo. Const. art. XVIII, § 16. allows for the purchase, possession and transfer of marijuana by anyone over the age of 21, in the amount of one ounce or under. It also permits individuals to grow up to six plants. Id. However, it is still an illegal substance under federal law and as a Schedule 1 controlled substance. The Controlled Substances Act, 21 U.S.C. §§ 801, et seq., Though the federal government essentially does not enforce the law in relation to individual recreational use.

Domestic relations courts may prohibit the use of marijuana by a parent or place limitations on parenting time, so long as the prohibition is consistent with the best interests of the child or the endangerment standard. In re Marriage of Parr and Lyman, 240 P.3d 509 (Colo. App. 2010). Courts must find that the use of marijuana negatively impacts parenting time in order to restrict parenting time. A negative impact may be shown by such situations as a parent smoking marijuana in front of the child, or a child having access to an area where marijuana is being grown. Children are expected to be protected from any access to marijuana.

In May of 2010, the Court of Appeals decided In re Marriage of Parr, 240 P.3d 509 (Colo. App. 2010). This was the first Colorado appellate case involving an allocation of parental responsibilities where a parent utilized medical marijuana. The trial court had restricted Father’s parenting time because of his medical marijuana use. However, on appeal the Court determined that “the record does not show that father’s use of medical marijuana represented a threat to the physical and emotional health and safety of the child, or otherwise suggested any risk of harm. Thus, the father’s use of medical marijuana cannot support the trial court’s restriction on his parenting time.” Id. at 512. This means that there must be a connection between marijuana use and harm to the child. There is no presumption that use, in and of itself, inherently supports a restriction. This case can be utilized as case precedent for other substances such as alcohol and drugs as well.

Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find here. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.