Child Custody and Substance Abuse in Illinois

 Posted on December 24, 2019 in Child Custody

According to the National Survey on Drug Use and Health (NSDUH), almost 20 million American adults (age 12 and older) are battling a substance use disorder. When deciding child custody matters during a divorce, your child or children's best interest comes first in the eyes of the judge. If the judge believes your former spouse would be unable to make sound of mind decisions on behalf of your child because of their drug addiction, the judge may decide against allowing parental responsibilities and parenting time.

However, if your spouse is in recovery or taking steps towards addressing their addiction, the judge may allow your spouse to see and interact with your child.

Parental Responsibilities and Parenting Time

In Illinois, allocating parental responsibilities (formerly known as custody and visitation rights) is divided into four categories that can be assigned to one or both parents. These four categories include:

• Education
• Health
• Religion
• Extra-curricular activities

If you and/or your spouse are granted parental responsibility, you are in charge of making these important decisions on behalf of your child. The court will decide whether to establish parental responsibilities and parenting time, based on the child’s best interest.

Child Custody Arrangements Can Be Changed

Child custody arrangements can be modified at any point.

If drug abuse complaints are brought to the court's attention, a drug test will be administered and child custody rights may be revoked. Additionally, the judge can order mandated rehabilitation. Depending on the seriousness of the addiction, mandated rehabilitation can include outpatient therapy and/or Narcotics Anonymous (NA) meetings. Failure to obey court orders may result in the loss of child custody completely.

If you believe your child’s safety is in danger, you may want to file a restraining order, also known as an order of protection. Your order of protection filed out of fear and/or visitation refusal is enough to raise concern in the courtroom.

Contact a DuPage County Divorce Attorney Today

Drug addiction can make your divorce and child custody matters even more complex than they already are. Let an attorney at Weiss-Kunz and Oliver LLC handle these stressful matters on your behalf. We provide aggressive representation while keeping you and your child's best interest in mind. Contact an Elmhurst child custody attorney at 312-605-4041.

Sources:

https://americanaddictioncenters.org/rehab-guide/addiction-statistics

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.10

http://www.cookcountycourt.org/ABOUTTHECOURT/CountyDepartment/DomesticRelationsDivision/ChildRelatedIssues.aspx