I Found Out My Child Took Drugs. Can I Sue for Full Custody?

 Posted on April 11, 2024 in Child Custody in Illinois

Illinois law prefers to divide parenting time between both parents equally. Parenting time refers to the period when you have physical custody of the child and are responsible for his or her care.

So, in the case of a divorce, a court will usually split parenting time between both parents by default. Sometimes the court might award one parent more parenting time based on certain factors, such as reports of abuse or neglect by the other side.

Once parenting time is decided, Illinois law prohibits any modification to the arrangement before two years have passed. There are exceptions to this, however, which this article will discuss. It is always best to consult with an experienced family lawyer if there are any questions about parenting time modification.

When Will a Court Modify Parenting Time?

If you want to make changes to the parenting time arrangement before the two-year period is up, you will need to have a compelling reason. Such reasons include:

• Allegations of abuse or neglect by the other parent

• Endangerment of the child’s physical, mental, emotional, or moral health

• If the circumstances of the child or parent have significantly changed, and the current arrangement no longer serves the child’s best interests

Keep in mind that you need to have a strong case for modifying parenting time within the first two years. If the court feels that you have filed the motion out of spite, you might be forced to pay the other side’s legal fees. And if the court feels you have repeatedly brought what it considers “frivolous” motions for modification, it may bar you from filing for modification in the future.

What if My Child Took Drugs?

If you discovered that your child took drugs during the other parent’s parenting time, you may have cause to file a motion for a change in custody. However, the court will look at several factors, for instance:

• The type of substance

• The number of drug incidents

• When the substance was taken

• Where the substance was taken

• With whom the substance was taken

• If the other parent was aware of the incident before, during, or after

• Any actions the other parent took to prevent the incident, or any future such incidents

If you can prove a clear case of neglect by the other parent, and/or that the child’s well-being is in any way endangered, you may be entitled to more parenting time.

Contact a Joliet, IL Family Lawyer

It is important to emphasize that courts do not take parenting time modification lightly. If your case for parenting time modification is weak, it can backfire on you. Make sure you truly have your child’s best interests at heart before filing a motion to modify custody. The best way to do this is to work with a Plainfield, Illinois family law attorney who is experienced in matters of child custody. The attorneys at Law Offices of Tedone and Morton, P.C. are aggressive litigators who will fight for the best result possible. Contact them at 815-666-1285 for a free consultation today.