Question asked on April 25th, 2018
Q: I have an existing court order my child’s mother is not following, I need to file for a child support modification as well as hold her in contempt for not allowing me to see my children. The order states she has to pay their travels expenses because she chose to relocate. She has not let me see them for a year and a half. I live in NV where marijuana is legal, but am ordered to submit a drug test before visitation. She didn’t ask for the test the last two times they came to visit but is now. If I test positive for marijuana will that affect me negatively even though i live in a state where it’s legal?
A: Probably. You don’t say where the court order was entered, and that State might not care if marijuana is legal in Nevada — the court obviously thought there was some issue, or it would not have issued an order allowing for drug tests. You need to consult with a lawyer in the State where the order was issued. If marijuana use becomes an issue, your attorney might find useful a newsletter article I wrote on the subject of marijuana in family court actions; it is posted here.