This is the next post in my series on the handling of Peoria, Illinois child custody involving drug use. My last article how marijuana and prescription drugs impact child custody decisions. Dads must be aware of the fact that mothers may not abuse such substances even if they have a valid prescription for them. Those who are unsure of how to handle such a situation should contact a fathers’ rights attorney for assistance. In this post I will address how Courts typically view cases involving heroin, methamphetamine, or other “hard drugs.” Call my office today to speak with a lawyer.
The Court’s approach to child custody cases involving hard drugs will be very different than it is in matters involving prescription substances. Even possessing harder substances is illegal and the Court will see using such narcotics as a danger to the child’s well-being. How the Court will proceed in such cases will depend on the circumstances. If the mother has been arrested for a drug-related offense then the Court will likely grant an immediate, but temporary, change to child custody and may impose supervised visitation. A trial would be held at a later date in order to determine whether the change in custody should be made more permanent. If a mother has not been arrested, but is shown to be using such substances, then the Court will also likely order temporary supervised visitation with a lasting decision to be reached at trial.
How the Court proceeds on an ongoing basis will depend on the circumstances. If the mother is facing criminal charges then the Court will likely wait for the outcome of the criminal matter before reaching a lasting decision. If there is no criminal case then the Court will likely order regular drug testing, to be paid for at the mother’s expense, and will put conditions in place which the mother must meet. Once those conditions are satisfied then the Court may begin to remove supervision requirements or other restrictions on visitation. If a mother fails to meet her requirements, or continues to test positive for drugs, then the Court will likely leave requirements of supervision in place and may even impose stricter requirements.
If you believe that the mother of your child is abusing hard drugs then it is important to immediately contact a fathers’ rights lawyer. Counsel will file a Motion with the Court to change custody and will request an immediate hearing. The longer you wait to file a request then the longer it is that the child will be in danger. I assist Peoria dads with such situations and believe that everyone is entitled to vigorous representation. Contact my office today for a consultation. I also service the cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. I also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford.