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Can you get your child taken away for smoking pot?

Can you get your child taken away for smoking pot (not around the kids) just doing it either after they go to bed in a different room or outside or doing it at a friends house when you have a babysitter? Can you legaly get your kid taken away for that?

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Asked by Anonymous at 11:52 PM on May. 1, 2009 in General Parenting

Answers (21)
  • I doubt they would take your kids away for that, the worst that could happen is they make you go to a rehab of some sort. I doubt if it would ever even be an issue, unless you got in some serious trouble for something else, or if someone was calling and reporting neglect or abuse and they had to check into it. And as long as they couldn't say you were neglecting or abusing your child, I don't think smoking alittle pot would even come up.

    Answer by robinann5 at 11:57 PM on May. 1, 2009

  • If they really wanted to yes, but I know a ton of people who have smoked their entire live and still had their kids. I know people that got in trouble for possession and still have their kids. CPS has too many case files to deal with that kind of stuff. I'm not saying smoke your brains out, I'm just saying the odds are pretty damn low. I know a lot of pot smokers, even though I don't smoke myself.

    Answer by Anonymous at 11:58 PM on May. 1, 2009

  • Although I don't do it, I will not condemn I have a friend that does for pain purposes, but I think you can. It is illegal and when you do something illegal and get caught you have consequences that you have to face. If you go to jail for possession where would your kids go. I am guessing another family member but even then they have to be proven fit and hire an attorney for custody rights. Bottom line hon, don't get caught. Best advice is stop doing it. If you can't then you should seek help and make arrangements for your children to be cared for by someone you trust why you get help.

    Answer by CasualCandles at 12:04 AM on May. 2, 2009

  • i knew of someone who had been using heroine while pregnant and the child services still gave her custody of her son- she eventually got clean but still- u would have to do something really bad to get them to take them away

    Answer by Anonymous at 12:21 AM on May. 2, 2009

  • It really depends. CPS can stick it to you if they want. Get you into trouble simply because you test positive for drugs. I do know a girl who lost her kids because she uses pot and wouldn't stop after CPS started to give her drug tests.


    Answer by dreyamom at 12:21 AM on May. 2, 2009

  • I would think if its illegal and you get caught you would have to go to drug court. Prove to the judge why you should be trusted to act as a responsible parent around your children. IMO the children should go to the next available trust worthy family member and the parents should get help. When children get into the foster system I think it does more harm than good. They need family above all, so please if you're doing this and are worried, then stop, be there for your kids and put your needs aside at least until they are grown and on their own.. It's the least you can do.

    Answer by Anonymous at 12:36 AM on May. 2, 2009

  • if its a normal occurrence then yes they can and will take your kids away. they take kids away from parents who drink too much and drinking is legal.


    Answer by sarahrm at 12:52 AM on May. 2, 2009

  • Why risk it?

    Answer by Anonymous at 12:57 AM on May. 2, 2009

  • I think it all depends on where you live, how overwhlemed CPS is in your area. They can take your child away from you for any reason they feel leaves the child in danger or neglect.

    Answer by pinkcalla721 at 12:58 AM on May. 2, 2009

  • I am a Social Work major, and CPS is going to be my field. The court system does have the legal authority to remove children for marijuana, but it depends on the situation. I don't see how they would know if you were just a mere pot smoker. But if you were caught dealing or something along those lines it becomes more serious. Just having a drug in your system is most likely not going to result in the children being removed. There have to be extenuating circumstances. But as anonymous said, Why risk it?

    Also, I don't know how the scenerio you mentioned wouild even be possible. CPS doesn't go around just randomly testing parents for drugs. So if you are in a situation where you would be tested then you have probably already been in some other kind of trouble. So that makes the situation completely different.

    Answer by almostcrazee at 3:09 AM on May. 2, 2009

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