When child custody, which the state of Illinois now calls parenting time and allocation of decision-making, is an issue before the Court, the primary consideration by the Court is always going to be the best interest of the child/children. There are a variety of factors that the Court must consider when determining the best interests of the children, and a parent’s behavior that could put a child in danger or at risk is one of those factors. This behavior includes whether a parent abuses alcohol or uses/abuses drugs.
Is Drug Use or Alcohol Abuse an Issue?
When determining if drug use or alcohol abuse is an issue, the Court will first want to know about the drug and alcohol use history of the parent or parents whose behavior is an issue. The drug and alcohol history includes illegal drugs – opioids, heroin, amphetamines, cocaine, LSD, Ketamine, ecstasy, mushrooms, etc., alcohol, prescription drug abuse, and marijuana, even if it is legal to possess marijuana recreationally in the state of Illinois in certain amounts. The Court can request that each parent advise of their drug history and current drug use, or if the drug or alcohol use is a current issue leading to immediate concerns for the minor children when they are with that person, the drug issues are brought before the Court in a motion by the other parent regarding restricting parenting time.
Appointment of a Guardian Ad Litem
Oftentimes, when a parent discloses drug use, or there is a motion filed in court, the Court will appoint a Guardian ad Litem (GAL) for the minor child or children to investigate the situation to find out more accurate information. The GAL can obtain the history of both parents and their alcohol and drug use, as well as visit their homes to see if there are alcohol or drugs and/or related paraphernalia at a parent’s home that could be available for a child or children to access.
The GAL can also request that a parent be required to take a drug test or breathalyzer test at random times to determine if they are under the influence of drugs or alcohol if they suspect a parent is abusing drugs or alcohol. If a parent is found to be in possession of or using drugs or alcohol to intoxication when they are with the minor child or children, the court may require the parent to stop using those substances during their parenting time and when they speak to the child on the phone. If the GAL gets a sense that alcohol or drugs may be affecting a parent so much that they are unable to stop their use, the GAL can recommend to the Court that the parent be required to attend an alcohol or drug abuse treatment plan and/or attend AA meetings.
When Alcohol or Drug Use Affects Parenting Time
If the alcohol or drug use is so severe, or a parent does not stop using during their contact with the minor child or children, or even when they are not with the children, resulting in a behavior change, additional measures could be put into place that affect a parent’s ability to have parenting time with the minor children. These can include all or one of the following:
- An order that any parenting time between the parent and children be supervised by an agreed-upon individual or a supervision service
- An order requiring that you take random drug tests and Soberlink testing device at random and/or required times before, during, and after your parenting time with the child
- An order that restricts you from having certain people present with you during your parenting time, specifically people who have enabled the parent’s drug or alcohol use
- An order reducing or eliminating your parenting time with the children and restricting your ability to make decisions with them
It is important to remember as well that just because recreational marijuana is legal in Illinois now does not mean a parent’s use of the drug won’t result in some negative consequences when it comes to their parenting time. Legal or not, it is still a substance that can impair your judgment, decision-making, and reasoning, all of which are important when it comes to parenting your children and taking care of them.
If very strict measures are put in place like breathalyzer tests, drug tests, AA requirements or a drug and alcohol treatment program, along with restricted parenting time, that parent who has the abuse issues will be under strict scrutiny by the court to ensure they follow the procedures in place and stay sober so they can have parenting time.
One additional element of drug and alcohol use is mental health. Often the drug and alcohol use and eventual abuse is due to an underlying mental health issue, or the stress and trauma of the divorce process, especially if the pother parent is abusive physically or mentally. The mental health of a parent with drug use or alcohol abuse issues should always be assessed to deal with any underlying psychological issues.
So, Can drug use impact child custody decisions in Illinois?
The short answer Yes, drug use can significantly impact child custody decisions in Illinois. The court’s primary concern is always the best interest of the child. If a parent’s drug or alcohol use endangers the child or impairs their ability to care for the child, the court may impose restrictions. These could include supervised visitation, random drug tests, or even a reduction in parenting time. The court may also require the parent to attend drug or alcohol treatment programs if substance abuse is found to be affecting their ability to parent
If you or your child’s parent are affected by drug or alcohol use, be sure to contact an experienced parentage or divorce attorney like those at Anderson Boback & Marshall to assist you in dealing with these issues during your case.
