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Bill

HB 942

Custody and visitation of a child; possession or consumption of authorized substances.

2026 Regular Session Introduced by Nadarius Clark and 1 co-sponsor

Virginia bill clarifies that courts cannot deny custody/visitation solely for lawful substance use; must prove actual impairment to parenting ability.

Approved by Governor-Chapter 711 (effective 7/1/2026)
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Bill Summary · HB 942

Legislative bill overview

HB 942 modifies Virginia law regarding child custody and visitation determinations by clarifying how courts should consider a parent's legal use of authorized substances (such as prescribed medications or cannabis in jurisdictions where permitted). The bill aims to prevent parents from losing custody or visitation rights solely based on lawful substance consumption that doesn't impair their ability to parent.

Why is this important

As medical cannabis legalization expands and opioid prescriptions remain common, courts need clear guidance on distinguishing between substance abuse problems and legitimate medical treatment. This bill addresses a gap where parents could face custody challenges even when their substance use is legal and doesn't affect their parenting capacity, potentially affecting thousands of custody disputes in Virginia.

Potential points of contention

  • Definition of "authorized substances": Disagreement over what qualifies (prescription medications, medical cannabis, recreational cannabis if legalized, etc.) and who determines authorization
  • Impairment standards: Difficulty in establishing objective measures of whether legal substance use actually impairs parenting ability versus relying on court assumptions
  • Child safety concerns: Critics may argue the bill could protect parents with problematic substance use patterns by setting too high a bar for proving harm to the child
  • Implementation burden: Courts may lack clear guidance on evaluating parental fitness when authorized substance use is present, leading to inconsistent application

Compiled from official sources — confirm details with the bill’s official record.

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