marijuana use & divorce-child custody

Discussion in 'Legal Issues' started by olchs, May 9, 2006.

  1. olchs olchs

    • New Member
    • Since: May 9, 2006
    • Posts: 4
    [I was wondering, does anyone in the legal field, possibly in Illinois, Cook County, out there have any information on child custody disputes during a divorce in the State of Illinois.

    My husband is a huge alcoholic, but he holds over my head that he will have the court order a hair follicle test and I will lose my kids over marijuana use. I have quit several times and that is not the problem, the problem is I was told a hair test can got back as long as the length of the hair, like if a woman has long hair they can detect it over 2 years.

    This is all from a guy who is completely drunk every night, children are afraid of him, crashes car drunk, gotten dui,

    says he'll win in court because alcohol is legal and pot is not, he says, even if he doesn't get custody, that I wouldn't and my kids could go to DCFS, all this over me smoking approximately 1 joint each day, never do any other drugs, don't drink, don't even smoke cigarettes.

    Any info from the legal field in Cook County - Chicago area, would be appreciated.
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  2. Lit_Match Lit_Match

    • New Member
    • Since: Dec 14, 2003
    • Posts: 5,237
    I believe they can go as far back as 6 months but I'm not sure. I do know that they cannot test the ends of you hair, it's the base of the hair that holds the information (assuming your hair is longer than 3 inches). There is an excellent hair cleansing guide in the drug tests forum. If you have a few days, quit smoking and prepare for the hair test and urine while your at. You should be fine.
  3. Buzzby Buzzby

    • Buddhist Curmudgeon
    • Since: Aug 27, 2004
    • Posts: 40,845
    Hair tests usually look at the inch and a half closest to the skin, about three month's growth. Detection beyond that time frame is uncertain because the THC metabolites break down over time.
  4. leftoverzack leftoverzack

    • New Member
    • Since: Apr 26, 2006
    • Posts: 34

    you can actually purchase a shampoo that you settle in your hair and it will kill the protien that they search for. the catch is that they can pluck hair from any part of your body. just a suggestion. try a detox sight or if all else fail go to
  5. law420 law420

    • New Member
    • Since: Jan 18, 2006
    • Posts: 240
    Why dont you have an attorney? When you represent yourself pro se these are the problems that you must deal with. It seems like a common theme on this message board. Courts look towards the best interests of the child when dealing with custody battles. I suggest you quit smokign weed until--at least after your custody battle is over.
  6. olchs olchs

    • New Member
    • Since: May 9, 2006
    • Posts: 4
    No one has filed yet. It is just come up during arguments. Just wanted to know if anyone in the legal field had any info. I don't smoke anymore but I wanted to know how far the court could go back when determining custody. My hair is long and I was told they could go back 20 years. I would never
    go pro se in a divorce/custody case however, I was just wondering what the court's position might be if someone had prior use of marijuana as a recreational user prior to a court case being filed.
  7. law420 law420

    • New Member
    • Since: Jan 18, 2006
    • Posts: 240
    the courts would use common sense to determine the best interests of the child. The courts are going to look at factors such as who grooms the child, feeds it, takes it to school or after school activities etc to determine who the primary caregiver is. Whether or not your prior marijuana could be an issue is something that you need to discuss with an attorney. Perhaps you would get a different answer in one court than in another. I would never recommend lying to the court, in any event. I suggest you contact an attorney who knows the courts in your area and he or she will help you determine the best course of action.

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