Remedies in Illinois family law when a parent has drug or alcohol addiction

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A parent’s chemical addiction can have negative – even dangerous – effects on their children. Tragically, addiction to prescription opioid painkillers or illegal opioids like heroin, alcohol, methamphetamine, cocaine, prescription drugs that boost mood like Valium, inhalants, sleeping pills or other substances is far too common in Illinois and across the country.

How might it be problematic for an addicted parent to supervise their child?

Addiction can prevent an otherwise good parent from keeping their kids safe as well as from creating a healthy home environment with routine and structure. In a more serious situation, the addicted parent may go through times when they are unaware of their actions, sleeping when they should be with their children, inviting people to their home involved in providing drugs or partying when the children are there, leaving children alone and engaging in various other dysfunctional behaviors. Of course, some people when under the influence become violent, angry or otherwise abusive.

People of all backgrounds, genders and income levels may become addicted to chemical substances. Addiction has a genetic component and people with other mental health diagnoses (like depression, post-traumatic stress disorder, anxiety, psychosis or certain personality disorders) are at higher risk.

Illinois law provides protection for kids of addicted parents

State statutes governing parenting time – commonly known as custody and visitation – and the right to make parental decisions focus on the child’s best interests as the “guiding star.” Navigating the legal issues related to custody and parental decision-making when addiction is in the picture can happen in several situations: unmarried parents, divorcing couples, separating parents or divorced parents having trouble with their custody arrangements.

In an initial custody proceeding, called allocation of parental responsibilities of decision-making and of parenting time, such as in divorce or between unmarried parents (where parentage has been established), the court must discern the children’s best interests by weighing anything relevant to the particular children, including certain factors in a statutory list. One of those relevant to addiction is the parents’ physical and mental health.

However, if the court feels the addiction “seriously endanger[s] the child’s mental, moral, or physical health or that [it] significantly impair[s] the child’s emotional development,” the judge must enter orders to protect the child. Those orders might include denial or reduction of decision-making responsibility or parenting time, supervised visitation, a ban on certain people being present during parenting time, or any other court order that would keep the child safe.

The law that provides for restricted parental responsibilities when a parent’s behavior seriously endangers the child includes possible court orders relevant to addiction. It could order the parent not to possess or consume a particular substance when they are with the child or for a set time period before parenting time begins. Or, the judge could order the addicted parent into treatment.

Should an addiction arise or worsen after divorce or another proceeding that set parental responsibilities, Illinois law includes provisions for requesting the court modify the earlier order to protect the child.

At any stage, the most extreme solution would be the termination of the addicted person’s parental rights, but that is difficult in Illinois if that parent wants to keep their rights. A lawyer can answer questions about parental rights as well as the other solutions we have discussed.

The attorneys at my firm, The Law Offices of Jeffery M. Leving®, Ltd. in Chicago, represent parents – primarily fathers – trying to restrict the custody and decision-making powers of the other parent based on addiction, as well as parents defending against false accusations of substance abuse, in Cook County, across Illinois, in the Midwest and nationally.

Jeffery M. Leving® is the founder and president of the The Law Offices of Jeffery M. Leving®, Ltd., and is an advocate for the rights of fathers. He is the author of Fathers’ Rights, Divorce Wars and How to be a Good Divorced Dad, the latter of which was endorsed by President Obama and by Cardinal Francis E. George, then the archbishop of Chicago. To learn more about Leving and his latest court victories, follow him on Twitter and Facebook.

Testimonials

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junior salazar
15 days ago
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I appreciate the people at Jeffery Levings especially Micheal Ochoa, who has represented me , for representing me in my custody battle. They show compassion and understanding and will fight for us fathers who just want to be father's. They fight for fathers rights!!
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Wayne Sivels
15 days ago
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Excellent services provided by my Atty's at Jeffrey Leving Ltd. I cannot thank Atty's Anthony D' Agostino and Arthur Kallow of the law offices of Jeffery Leving for saving me from an unjust situation. The State claimed I owed child support for a child who became an adult decades ago. I was facing an absolute nightmare. They suspended my driver's license and put a lien on property that I didn't even own. It was a terrible ordeal that took a massive toll on my finances and health. Anthony and Art stepped in and fought with true passion on my behalf. Thanks to their tireless efforts and willingness to go to great lengths for justice,the claimed arrearages were completely zeroed out. They literally saved me from this continuing nightmare and gave me back my life. I highly recommend D'Agostino and Kallow and the Law Offices of Jeffery M. Leving to anyone who needs aggressive, brilliant representation. They are worth every penny.
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Grace S
16 days ago
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Michael Ochoa is an excellent Attorney at Law. He is a true professional, compassionate and always took the time to explain things clearly. My divorce case was exceptionally complicated due to my ex-husband's mental illness. I am incredibly grateful to the Law Offices of Jeffery M. Leving, Ltd especially to Michael Ochoa for his help and support during one of the most difficult times in my life. I highly recommend Michael Ochoa to anyone going through a divorce.
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Aliyah Shields
16 days ago
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Michael Ochoa of Jeffery M. Levine has done and continues doing a great job on my child custody case. He works hard in detail and great with communication. Highly recommend!
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Lilia Malacina
16 days ago
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Top flight family law firm that will work tirelessly for the best results.
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Kaleb Wright
36 days ago
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I met Anthony D’Agostino today at Law Office Of Jeffery Leving for a consultation and he’s an amazing attorney passionately helping fathers obtain custody and exceptional time with their kids. Anthony is a father himself so; he understands about life situations when it comes down to father’s rights. Us real fathers in the world deserve the same as mothers we don’t get that much praise but Anthony D’Agostino is the attorney to make a difference for fathers and your voice will be heard. Kaleb W.
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Marrlow Epps
51 days ago
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Mr. Brain Gilbert did a good job helping me support my fatherhood rights, thanks again sir
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Reed Becker
56 days ago
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Excellent firm with excellent lawyers. They have a vast reservoir of legal knowledge and very capable lawyers. Best legal firm I have ever dealt with. I highly recommend them, you will not regret it.
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Marcin Kopiczko
71 days ago
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Mr. James M. Hagler is the BEST lawyer. I highly recommend him and his team. He helped me win my case and I got my son back in life. Mr. Hagler always keep me informed, answered the phone every time I called and always had an answer for every question I asked. I knew from the first meeting I had with Mr. Hagler he was going to help me get my son back. He is a very good at what he does. Thank you Mr. James and his team
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Kareem Henry
79 days ago
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I hired the Law Offices of Jeffrey M. Leaving and the whole staff was great. My Attorney Michael Salamun was awesome, he was very knowledgeable and took time with me to break down and the legal terms so that I was aware of what was going on. In my child support case he saved me thousands with his fight and knowledge.

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