| Drug charges cover a broad range of offenses, | | | | the drug offense. The standard of proof required |
| from the less severe, such as simple possession | | | | in family court is much more relaxed than in |
| of a small amount of drugs, to the more serious, | | | | criminal court and there is no limitation regarding |
| such as participation in the ongoing manufacturing | | | | the information the judge may consider in making |
| or distributing of drugs. Even minor drug charges, | | | | a determination on the custody of a child. |
| such as drug possession, can be frightening and | | | | If either parent is contesting that the other should |
| carry the risk of serious penalties upon conviction. | | | | not be given custody or visitation then the matter |
| The more serious drug charges, of course, can | | | | can get even further complicated. When one |
| give rise to even graver consequences. Past drug | | | | parent has placed the child in a dangerous situation |
| convictions, the amount of the controlled | | | | (this includes exposing the children to illicit drugs) |
| substance that was found, and the severity of | | | | this parent's right of visitation can be denied and |
| the drug type usually dictate the severity of the | | | | the other parent awarded sole legal and physical |
| charge(s) to be levied. Drugs posing a greater | | | | custody. In the alternative, the court can also |
| threat to the individual are typically treated with | | | | order sanctions such as drug treatment and |
| greater legal penalties. In addition to prison time, | | | | random tests to insure the safety of child. |
| another significant consequence can be the loss of | | | | Ultimately, the child's welfare is the court's |
| custody of children in the household. | | | | paramount consideration. Of course, the fact of |
| Issues involving child custody are very | | | | the personal relationships or circumstances of the |
| complicated especially when one or both of the | | | | parents are going to be relevant. The court will |
| parents have been charged with a drug offense. | | | | undoubtedly want to know if the fact that a |
| Since the issue of child custody is a civil matter, | | | | parent is involved in drug activity is going to |
| the case will generally be assigned to a family | | | | impact upon their ability to care for the child. The |
| court judge. It is important to note that the case | | | | overall issue the family court will focus on is how |
| in family court can proceed against a parent even | | | | the drug offense impacts that parent's ability to |
| though he/she has not been actually convicted of | | | | adequately care for the children. |