When a parent who is involved in a custody case in Illinois fails a drug test, the court will not be likely to sever all of the ties between the parent and their child. Courts prefer to keep families together whenever it is possible.
However, the court may reduce that parent’s parental rights, such as from custody to visitation. Depending on the situation surrounding their drug use, the parent may be able to regain some of their rights or obtain a modification of their custody arrangement in the future when they agree to a treatment plan and undergo regular drug testing.
If both of a child’s parents are found to be unfit to raise the child because of regular drug use, the court may take their custody rights away and temporarily award them to a third party. There are two situations in which courts may order drug testing for a parent who is in a custody case.
The first is when one of the parents requests the other parent be tested, and the court finds it appropriate. However, the court is likely to test both parents instead of just one.
Another reason may be when a court deems that drug testing is important for a child custody decision in Illinois. Any child custody decision made by a court will use the child’s best interest standard.
Under this standard, the court will review numerous factors, including the child’s age as well as the financial stability of the parents before taking away custody or awarding custody to a parent. An individual can reach out to a local attorney in Illinois for more information on how drug testing may affect their Illinois custody order.
What Are Reasons That the Court May Order Drug Testing?
A court may order drug testing for many different reasons in addition to those discussed above when there is evidence of drug use, such as:
- Prior drug habits
- Witness testimony
- Recent drug-related convictions
If one of the parents accused the other parent of using drugs, the court may order testing, as it cannot simply accept the accusation as proof. It is also common for the court to require the accusing parent to also undergo drug testing.
The main concern of any court in a custody case is that the child resides in a safe environment where they are properly cared for. Although a court cannot remove a child from a home based simply on an accusation of drug use, it can do so when there is substantial evidence that drugs are being used and the home is not fit for the child to reside in.
It is important for a parent to be aware that even legal drug use can cause them to lose custody if they are abusing the legal drug and their child can easily access it.
Can the Court Drug Test Without Warning?
Yes, parents can be drug tested without warning any time they appear in court. This practice allows the court to ensure that they did not tamper with the test results and that they are being truthful about their drug use.
Drug tests are types of evidence that may be used to determine whether placing a child in the case of a certain parent will be in that child’s best interests. If the parent is a habitual user of drugs and the other parent is not, the court will likely give custody to the parent who can provide the safest environment for the child.
Drug tests may be administered in different ways during custody cases, such as:
- A urine sample
- A tube of saliva or spit
- A sample of the individual’s hair
- A test that examines the individual’s nails
If a parent fails the administered drug test, a court can deny them custody. Even when this occurs, however, the parent will typically be allowed to retain visitation rights with the child.
If a parent refuses to submit to the court-ordered drug test in child custody instead of failing the test, they may lose all of their parental rights. Additionally, they can face jail time for failing to follow an order of the court.
What Does a Custody Order Look Like When Drug Use is Involved?
If a child custody order is issued in a case that involves drug use, a court will likely include a visitation schedule for the parent who does not have custody. The court is likely to order supervised visitation until that parent can show that they are no longer abusing drugs.
With supervised visitation, a third party will be present during the visits between the parent and child. Drug testing can also have an effect on the rights that parents retain and how much time they are permitted to spend with their children.
The type of drug the parent uses or that shows up on their drug test can impact their visitation rights. For example, heroin use is considered serious and may result in reduced visitation rights.
Parents who repeatedly violate child endangerment laws or who have issues complying with home visitation checks may lose custody. If the parent continues to engage in drug use, the court may revoke their custody rights as well as remove the child from their home.
When a parent has violated child endangerment laws, they can be required to submit to mandatory visits from child protective services or a state government agency. The agency may visit the parent’s home without notice and look for drugs and other harmful items.
Can I Request a Modification of the Court Order Based on My Sobriety?
When the parent has remained sober for a period of time, they can request a modification of the custody order. The court will likely make that parent submit proof of their sobriety, for example, in the form of a certificate for completing a drug treatment program.
In some cases, an order may be issued that updates automatically once a parent has been clean for a specified period of time. Once the parent demonstrates their sobriety, they may be given back some of their rights, such as unsupervised or extended visits with the child.
If the order does not automatically update, the parent can have their lawyer submit a request to the court for a modification of the order. They will likely be required to attend a hearing where they will present their proof of sobriety to the court.
Should I Hire a Lawyer for Help with Drug Testing and Child Custody Issues?
If you have any drug concerns in your child custody case in Illinois, you should reach out to an Illinois child custody lawyer. Your attorney will help protect your visitation and custody rights as well as defend you against unfounded accusations of drug use.
If you have already failed a drug test during your custody case, your lawyer can help you create a plan to regain your visitation, custody, or parental rights. Using LegalMatch, you can find a child custody lawyer in your area at no cost who will fight for your parental rights.
You can submit your issue on the website, and you will be matched with a lawyer near you who can start working to resolve your custody issue and help you get back to seeing your child more. If you are a parent who has concerns about your child spending time with their other parent because of drug use, your lawyer can help you present those concerns to the court for evaluation.
