On behalf of Stange Law Firm, PC posted in Child Custody on Monday, May 8, 2017.
The best interests of a child are always paramount in an Illinois custody proceeding. Therefore, parents who believe that the child’s other parent has issues with substance abuse may wish to raise those concerns as soon as possible. Parents may choose to either report their concerns either directly to the court handling the case or to the Department of Children and Family Services.
If a child custody order already exists, a judge may choose to modify the order while the allegation can be investigated or after it has been verified. This may mean that noncustodial parents are subject to supervised visitation in a controlled setting assuming that it is in the best interests of the child. Supervised visitation may continue until it can be established that there has been a significant change in circumstances.
In some cases, parents may wish to file for restraining orders or simply refuse to allow their children to be around the other parent. When making a decision to modify or revoke custody or visitation, a judge will look to see if there is a past history of substance abuse. Parents may wish to provide evidence such as prior DUI charges, drug charges or anything else that shows a pattern that may repeat itself and harm the child.
Parents who believe that their children may be in danger when visiting or spending time with the other parent may wish to talk with an attorney. It may be possible to point to current alcohol or drug use as a reason to limit or revoke that person’s parenting time. Legal counsel may point to a recent DUI or pictures posted to social media depicting drug or alcohol use as evidence that continued visitation or custody is not in the child’s best interest.