Liquid CBD tincture in front of marijuana leaves

Fort Worth Family Law Attorney Reveals: How CBD Could Affect the Outcome of Your Child Custody Case.

Common sense tells us that illegal drugs damage your custody case. But what about CBD and other pot-derived or pot-like substances? Even though these products may be legal to buy and possess, they can still damage your legal case involving your children. Our advice: don’t use CBD or other marijuana-like substances.  


 Cannabidiol, commonly called CBD, is the second most prevalent active ingredient in cannabis (marijuana). While CBD is an essential component of medical marijuana, it is derived directly from the hemp plant, a cousin of marijuana, or manufactured in a laboratory. Fundamentally, it is not THC, the main active ingredient in pot. 

In fact, CBD doesn’t contain tetrahydrocannabinol (THC), the psychoactive ingredient found in marijuana that produces a high, according to a report by the Mayo Clinic.

Testing positive for marijuana use almost always damages a custody case in Tarrant County. In Tarrant County family law cases, we regularly see people test positive for THC but claim only CBD usage. Consequently, our advice is to stop using any illegal drug, including pot. But if CBD does not include THC, then why not use it in your case?  

First, as stated above, the Courts always hear people who deny using weed but admit to CBD use as a way to explain their positive drug tests. The Courts cannot determine the cause of a positive THC test; they can only see the results. So blaming CBD carries no weight with the Court. 

Second, CBD, which can be bought at the local vape shop, is not regulated by any government agency. Who knows what is in that little bottle? It might contain trace amounts of THC in the mix from the manufacturer. Even if you never use marijuana, and CBD is the cause of a positive drug test in your case, you still have a positive drug test. It is not worth the risk of damaging your custody case. 

Repairing the damage to your case with the family court will take time. Worse, the other parent may be awarded possession of the children because of the positive drug test; flipping back custody is never guaranteed. 

If you’re facing a custody battle, consult a knowledgeable Fort Worth family law attorney or child custody attorney to understand the potential implications of CBD usage and protect your rights effectively. Don’t jeopardize your case – seek professional guidance today!

Other Marijuana-Derived or Pot-like Substances

Non-Weed products are commonly available that can also damage your family law case. Hemp-based products like Delta-8 and Delta-10 are growing in popularity. The older K2 synthetic cannabinoids are still on the market too. While we have written about the dangers of using weed in your family law case, these newer non-weed products can also damage your case. These non-marijuana products create risk in family Court too. 

As previously stated, a positive drug test damages your case regardless of the actual cause. Any of these non-pot products that cause a positive drug test yield the same result. Despite these products and others like them being legal in Texas, a positive drug test will still hurt your custody case. And also, as previously stated, even if you never use marijuana, and one of these weed alternatives causes you to test positive, the Court will see no difference in custody decisions. We advise avoiding using any marijuana replacement leading up to and during your custody case.  

It’s Complicated

If CBD and these weed alternatives are legal, how can they hurt your family law case? How can gummies you can legally buy at any vape shop damage your custody situation? 

Simply put, the family courts do not concern themselves with whether a substance is legal. The question is whether the use of the substance is in the best interest of the children. Clearly, known illegal drugs like marijuana, heroin, cocaine, and methamphetamines are considered not in the children’s best interest. But even legal substances can fail the best interest test.

Consider that alcohol is 100% legal for people over twenty-one. But too much alcohol use can damage your custody case. A pattern of excessive drinking by a parent can cause the Court to flip custody. A history of active and current alcoholism is not considered the best environment for children. Even situational alcohol abuse can damage your case. For example, getting drunk and putting children at risk can hurt your case, even if it is a one-time thing. Likewise, driving under the influence of alcohol can damage your custody case.

Ultimately, the family court’s test is not whether a substance is legal. It’s whether a parent should be using it around the children. Is the parent acting in the child’s best interest while using the substance? Does the parent make safe decisions for the children while using the substance? If the answer is no, then the Court will hold the use of the substance against you.  

Pro Tip: Sometimes, there is very little difference between two parents regarding their parenting. When two parents are both solid, but one has a positive drug test or regularly uses pot-like substances, that can be the deciding factor for the Court when designating a “primary” parent. Sometimes substance use is all the Court can “hang its hat on” when determining a custody schedule. So even when the Court does not punish a parent due to pot use, the legal advantage may still flow to the non-using parent. 

  CBD and other weed alternatives can damage your case even though these products are legal. Overall, we always recommend making decisions that are easy for the family court judge to find in your favor. The safest strategy is to discontinue the use of marijuana or any pot alternative before starting your custody case when possible. If your case is ongoing, stop using these products immediately.  For legal advice and guidance, consult a trusted Fort Worth family law attorney or Fort Worth child custody attorney to safeguard your interests and improve your chances of a favorable outcome. 

Contact a Skilled Fort Worth Family Lawyer

Youngblood Law, PLLC is a Fort Worth, Texas, law firm dedicated to family law.  We help good people trapped in bad relationships find the freedom to pursue their new happily ever after.  We also proudly offer the collaborative divorce process for our clients.   This article is intended for educational use only and is not a replacement for competent legal counsel.  If you are facing a family law matter, we recommend obtaining a competent family law attorney Fort Worth couples trust like those at Youngblood Law, PLLC.  For more information, call us at 817-440-3366, or find us on the web at

2501 Parkview Dr Ste. 500, Fort Worth, TX 76102

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