Can Using Legal Drugs Affect My Parenting Time in Illinois? 

 Posted on February 10, 2022 in Parenting Time (Visitation)

Since Illinois Governor J.B. Pritzker signed the Illinois Cannabis Regulation and Tax Act into law in 2019, many Hoosiers have used recreational marijuana. Marijuana is widely available and some people who use it find themselves struggling to regulate their use. Likewise, although alcohol is legal, people who drink sometimes struggle with how often or how much they drink. Prescription drugs can also be misused or present a hazard when used in conjunction with important responsibilities, like driving a car or providing childcare. While the use of these intoxicants is not illegal, certain behaviors–such as drinking and driving–can get a user in serious trouble with the law. Additionally, using legal substances inappropriately may have an impact on your ability to get or keep parenting time with your children.

Can Marijuana or Alcohol Use Be Used Against Me in Family Court?

While marijuana or alcohol use in and of itself cannot be a reason for a court to restrict a parent’s access to his or her child, using legal substances in a way that might harm the child’s physical, mental, or emotional development and health can be. While this includes driving under the influence, it also includes other concerning behaviors. These include:

• Being under the influence during parenting time

• Allowing drug or alcohol use to interfere with timely pick-up or drop-off (such as frequently being hungover on the weekends)

• Failing to prevent children from accessing drugs or alcohol

Courts May Make Parenting Time Conditional Upon Abstinence

If a court is worried that a parent’s use of legal drugs or alcohol presents a threat to children, the court may implement certain restrictions on the parenting time. These include, but are not limited to:

• Reducing parenting time until the parent has proved their ability to abstain from drugs or alcohol

• Requiring the parent to have supervised visits with a child

• Requiring the parent to be completely sober when he or she is with a child, including the time immediately before the child arrives

• Requiring the parent to attend alcohol or drug treatment programs or counseling

• Requiring the parent to regularly get tested for the presence of drugs or alcohol in their system

Call a Naperville Parenting Time Attorney

The use of legal drugs can affect a court’s perception of your parental fitness if they are abused or used incautiously. If you are concerned that marijuana, prescription drugs, or any other legal substance may affect your parenting time, consider working with the experienced DuPage County parenting time lawyers with Calabrese Associates, P.C.. We have many years of experience in family law and will work hard to advocate on your behalf. Call us today at 630-393-3111.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000