Child custody is often a difficult and emotionally charged topic. Parents rarely wish to part with their children and surrender parental responsibilities, but sometimes external factors can interfere with these desires. Substance abuse in Illinois may affect the decisions made in a child custody case, due to the court’s obligation and responsibility to the best interests of the child.
Due to their youth and legal status as minors, children are not able to advocate for themselves. This means the courts must take extra measures to advocate on the child’s behalf to reflect their best interests. Doing so can help protect the child’s future and set them up for success in their adult lives.
Child custody cases can be complex, but a skilled family law attorney from Johnson O’Keefe may be able to guide you through the process. Consider scheduling a consultation by calling the office at (312) 319-4444.
Definition of Substance Abuse
According to the Cleveland Clinic substance abuse, or substance use disorder, is a mental health condition that involves a problematic pattern with certain drugs or other addictive substances. This pattern negatively affects the individual’s behavior and quality of life and can range from mild to severe. Effects of substance abuse include intoxication, which is the immediate result of use and has various symptoms depending on the drug in question but is generally associated with heightened emotions or pleasure. Effects also include withdrawals, which are generally a negative experience that occurs after the effects of the drug wear off.
Substances can be harmful because they change how the individual’s brain functions. They release dopamine in the brain that provides a rush of pleasure, but repeated use affects the body’s dopamine thresholds which makes that pleasure harder to attain. Eventually, the individual’s brain and body may become dependent on the substance for the sense of pleasure it provides. Addictive substances include alcohol, cocaine, cannabis, tobacco, methamphetamines, and opioids.
Judicial Responsibility to the Best Interests of the Child
Many concerned parents may wonder how substance abuse would affect a child custody case. Judges in child custody cases are required to act in the best interests of the child, not necessarily the parents. This responsibility may lead them to weigh the benefits of a sustained relationship with a drug-addicted parent with the potential harm. While a sustained parental relationship may benefit a child, it could also become harmful. The judge for the case must take all of these factors into account when making a child custody decision.
For more information on substance abuse and child custody, consider speaking with a skilled family law attorney from Johnson O’Keefe.
How Does Substance Abuse Affect Child Custody Cases
However, the effect of this responsibility is not as simple as one parent getting custody over another. Just as substance abuse and drug addiction are complex matters, so is child custody. There are many different forms of custody, requirements that may be put on parents, as well as restrictions that can affect the outcome of a child custody case. These issues may also be further complicated when considering children with special needs, who may have more demanding care requirements.
Child Custody Awarded to the Other Parent
In situations where the effects of the substance use disorder are severe, more custody may be awarded to the other parent to protect the child from the fallout. This may include parenting time and physical custody as well as legal authority and powers of attorney. The courts may not be able to trust a substance-addicted parent to make wise and beneficial choices on behalf of another individual, specifically a minor.
Limited or Supervised Parenting Time
Another factor that could be influenced is the parent with substance use disorder’s parenting time. If the addiction is pervasive and may have a negative impact on the child’s well-being, the courts may elect to reduce the addicted parent’s time spent taking care of the child. This is specifically relevant if the parent proves themself unable to perform parental duties or has an impaired sense of judgment due to alcohol or substance abuse.
Drug or Alcohol Testing Requirements
Courts may also require routine drug and alcohol testing to provide evidence of sobriety. Substance abuse may impact child custody cases significantly, but so does possession of illicit substances and DUI convictions. Providing evidence of a changed lifestyle and protecting the minor children from the influence of harmful substances may factor into the custody arrangements.
Treatment
According to the American Addiction Centers, most states have family treatment courts (FTCs) that employ a more collaborative approach to families with substance abuse issues. These may help an individual with a substance use disorder on the road to recovery by providing programs such as counseling, substance recovery experts, and child welfare specialists. Depending on the court’s decision, participation in some form of treatment program may be part of the child custody agreement.
How To Prove Substance Abuse in a Custody Case
For parents concerned about the impact of a substance-abusing ex-spouse’s parenting time and child custody arrangements, many may wonder how to present the facts to the courts. If substance abuse issues have led to criminal or civil convictions, these records may help in proving how substance abuse is negatively impacting the coparent’s ability to care for a minor. Possession of illicit drugs or failed drug tests as well as proof of employment records showing the negative impact of substances on their life can help as well.
From a more personal angle, testimony from witnesses who have observed the individual’s substance abuse issues in person may be a key factor. Additionally, repeated incoherent texts or voicemails from an intoxicated spouse may also provide credibility to an argument of this nature. All of these factors may provide evidence to the courts in respect to an ex-spouse’s ability to act in a child’s best interests.
Speak With an Illinois Family Attorney Today
In Illinois, substance abuse can have a considerable effect on child custody cases. Judges will take many factors into account, including criminal history records, possession of drugs, and witness testimonies to advocate for the child’s best interests. However, being a parent in the midst of these debates and legal complications can be stressful and overwhelming, especially when the outcome will affect the life and well-being of a child. A skilled Illinois family lawyer from Johnson O’Keefe may be able to help alleviate these stressors and advocate on your behalf. Consider scheduling a consultation today by calling (312) 319-4444 for more information.