Will Kratom Use Affect My Custody Case?

If you’ve ever walked past the supplement aisle at a gas station or vitamin shop, you may have seen Kratom, an over-the-counter product marketed as an energy booster, mood lifter, and pain reliever. What many parents don’t realize is that this seemingly ordinary supplement can have serious consequences in a custody case.

Here’s what you need to know.

What Exactly Is Kratom?

“Kratom, scientific name Mitragyna speciosa, is an evergreen tree related to the coffee plant that is native to parts of Southeast Asia. People living in the plant’s range have traditionally consumed the leaves of the tree for medicinal and religious purposes. The effects of kratom depend on the dosage consumed. At low doses, it has a stimulant effect, while at higher doses it acts as a sedative.”

While naturally occurring Kratom only includes trace amounts of the compound 7-OH, Synthetic Kratom contains high, loosely regulated concentrations. The synthetic versions are widely available; you’ll find them at vitamin stores, gas stations, and smoke shops. Sellers market it as a natural remedy for everything from low energy to opioid withdrawal symptoms. The problem? There are no proven medical benefits, and its opiate-like effects have earned it a blunt nickname in legal and medical circles: “gas station heroin.”

Kratom can be addictive, and some users have reported experiencing psychosis from prolonged use. It’s legal in most of the U.S., but six states have banned it entirely, and courts across the country are increasingly treating it like any other impairing substance.

As of July 1, 2026, the DEA is taking steps to temporarily include Synthetic Kratom as a Schedule I substance. This is the same schedule as heroin. This temporary scheduling will allow law enforcement to address the manufacturing, distribution, and sale of Synthetic Kratom.

What Can You Do If You Suspect Your Co-Parent Is Using Kratom?

Suspicion alone won’t get you far in court: you need evidence. Here’s a practical roadmap:

• Issue Discovery. You can ask targeted questions through the discovery process: Has the other parent ever purchased or used Kratom? Request bank statements that might show purchases at stores where Kratom is commonly sold. This groundwork can strengthen your case significantly.
• Request a 16-panel hair follicle drug test. This test checks for Kratom use over the past 90 days and can cost upwards of $500. Courts may require the requesting party to cover the cost upfront, with reallocation possible later. While expensive, it is the only sure way to prove Kratom use by the other parent.

What If You’re Falsely Accused?

If you don’t use Kratom, a 16-panel hair follicle test is your best defense: it provides irrefutable evidence that the allegations are unfounded. Yes, you’ll likely need to cover the cost upfront, but a frivolous accusation can become the foundation for recovering attorney’s fees later.

What Are the Real-World Consequences? (Real Cases)

Courts aren’t just flagging Kratom use; in some cases, they’re taking drastic action. Consider these recent examples:

• Ohio (2025): A court granted permanent custody to a foster care agency over a maternal aunt, in part because she repeatedly tested positive for Kratom after being ordered to stop. The aunt had a prior history of opiate addiction and had turned to Kratom as a substitute. (In re K.K., 2025-Ohio-4376)
• Montana (2025): A parent’s parental rights were terminated in part after testing positive for Kratom or marijuana on 16 separate occasions. (In re W.B.A., 425 Mont. 538)
• Illinois (2024): A parent was found unfit and had their parental rights terminated due to drug use that included Kratom, even though it’s legal. The court noted that Kratom use had reset the parent’s sobriety date and violated their drug court participation. (People v. Alexa C. (In re J.C.), 254 N.E.3d 431)

These are extreme outcomes, and other factors contributed in each case. But they reveal an unmistakable trend: judges are increasingly treating Kratom the way they treat illegal substances when evaluating a parent’s ability to provide a safe, stable home. This will only increase as the more changes immerge in the legality of Synthetic Kratom.

What About CBD, Delta-8, and Other Legal Supplements?

Kratom isn’t the only supplement raising red flags in custody proceedings. CBD and Delta-8 products can trigger a positive drug test for marijuana, and some judges have treated that result as evidence of impairment, regardless of legality.

The bottom line: if a supplement could produce a positive drug test or affect your ability to parent, it’s worth reconsidering while your custody case is active.

The Takeaway

Kratom occupies a strange legal gray zone: it’s sold openly, it’s not a controlled substance in most states, but courts are increasingly viewing it through the same lens as any other impairing drug. Whether you’re concerned about a co-parent’s use or want to protect yourself from false allegations, understanding how courts treat Kratom is essential.

When in doubt, talk to your family law attorney before making any decisions that could affect your case.