Can marijuana use impact a child custody case in DuPage County, IL? If cannabis or weed use impacts a parent’s ability to care safely for his or her children, it could be a factor in custody decisions. Overall, though, the responsible and legal use of marijuana likely will not impact a child custody case.
Do you have custody concerns related to your cannabis use or that of your co-parent? Call Erlich Law at (630) 538-5331 to discuss your case.
The Impact of Marijuana Use on Child Custody in Illinois
Illinois legalized recreational marijuana use in 2020, at least for adults 21 and older. Under a nondiscrimination provision in state law, marijuana use cannot be the sole or primary basis for custody decisions to go against a parent. That said, if a parent’s marijuana use adversely affects his or her ability to care for a child, it could become a factor, just like excessive alcohol consumption might.
In a few situations, a judge’s or child welfare agency worker’s mistaken beliefs about marijuana use being harmful could hurt a custody case. Seeking advice from a child custody lawyer as soon as possible can help protect your rights.
What Illinois Courts Consider When Marijuana Is Involved in Custody Cases
Courts in Illinois focus on children’s best interests when making custody decisions, and this is still the case when a situation involves marijuana use. Courts assess a few factors to determine what impact, if any, a parent’s marijuana use has on his or her parenting abilities. If weed use interferes with providing proper supervision, meeting the child’s needs, and making reasonable decisions, it could negatively affect custody outcomes.
Safety of the Child’s Environment
A top priority for courts is the safety of the environment in which the child lives and spends time. If a parent leaves marijuana products accessible to children or uses cannabis around the children, this could be endangering their welfare.
About 15% of high schoolers in Illinois have used marijuana at least once in the previous 30 days. It could hurt a parent’s custody case if teens got their marijuana from a parent’s stockpile, whether it was with the parent’s knowledge or not.
If a parent has a new romantic interest whose marijuana use could pose safety risks, this might hurt a custody case. For example, a video uploaded to social media might indicate that the new romantic interest was neglecting the child or leaving edibles within the child’s reach and appeared high.
Evidence of Harmful Impairment
Courts need to see clear and convincing evidence of parents’ marijuana use negatively affecting their ability to care for their children. This proof could come from witness testimony, personal logs documenting examples of neglect or endangerment, or reports from child welfare agencies.
- A neighbor might testify that a parent was visibly impaired when with the child outside.
- The other parent might present a log in which the parent forgot to pick up the child or did not provide meals due to marijuana use.
- CPS reports could indicate an unsafe home environment due to marijuana use.
- A parent might be arrested for driving under the influence of marijuana while transporting the child.
- Photos could show the marijuana or paraphernalia that a parent regularly leaves within easy reach of the child.
- A child’s medical and toxicology records after a hospital visit might indicate he or she ate a marijuana edible left on a coffee table.
Social media can be telling. Parents can harm their cases for custody by posting photos or status updates. This may happen even if parents are not “friends” or connected to the other parent on the platform. For example, other connections could see a post and send it to the other parent.
Serious evidence of marijuana use posing risks to a child’s safety could lead to supervised visitation. What are the supervised visitation guidelines in Illinois? They call for a chaperone to be present for visits, and parents gradually may be able to work their way back to unsupervised visitation and custody.
Legal Use of Marijuana
Driving under the influence of marijuana is illegal with 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substances. In other words, marijuana use could impact a child custody case if a parent drives high, even if it is without the children in the vehicle. Charges related to driving high (especially with children in the car) have the potential to hurt a parent’s case for custody.
Drivers in DuPage County who carry cannabis in their vehicles should do so in sealed, odor-proof, and child-resistant containers. Moreover, drivers and passengers legally cannot use cannabis in a motor vehicle. Violating these guidelines could hurt a case for custody, as could being in possession of too much marijuana or selling marijuana illegally.
Frequency and Context of Cannabis Use
Many parents use marijuana occasionally and responsibly, and in full compliance with state laws. This type of consumption probably is not part of what can be used against you in a child custody case. On the other hand, excessive or habitual weed use, especially during parenting time and interfering with parenting responsibilities, could raise concerns.
Marijuana use from years ago probably will not affect a custody case. Illinois courts focus on parents’ current abilities to care for their children and whether there is current or recent evidence of impairment, arrests, or neglect.
However, there could be exceptions if the other parent argues the past use is part of a pattern of irresponsible behavior or makes a case that past convictions for marijuana possession, distribution, or DUI point to a risk of relapse. These arguments could carry more weight alongside claims of missing visitation or appearing high in general or when with the child. Likewise, if a parent lost custody years ago due to neglect under marijuana use and is now seeking custody, the parent needs to prove rehabilitation and may be ordered to pass drug tests to gain or regain some type of custody.
In some cases, marijuana use can lead to job losses or issues with professional licensing. Even if the marijuana use happened years ago, issues at the time could still be affecting a parent’s financial stability now.
How a Family Lawyer Can Help You Navigate Marijuana Issues in Custody Disputes
A family custody lawyer can help parents with marijuana disputes in several ways, regardless of whether it is their use prompting concerns or they are concerned about the other parent’s use.
- A lawyer who practices in the state should know Illinois child custody laws and can evaluate how the marijuana use in question might affect custody arrangements.
- Lawyers can help gather evidence to support the points in the case to highlight responsible use of marijuana or emphasize worries about harmful use.
- A lawyer can negotiate parenting plans, propose safeguards, or seek court intervention, depending on the situation.
- If court arguments are necessary, a family custody lawyer can present your case, counteract arguments from the other side, and help make sure the court considers all relevant factors in the case.
If you use marijuana, a lawyer can advise you on whether your frequency of use and context of use could be issues. As long as a parent never drives under the influence, follows all Illinois marijuana laws, keeps the marijuana safely secured and away from the children, and does not let marijuana use interfere with parenting responsibilities, the parent’s use should not be an issue in deciding custody.
When the Parents Agree Between Themselves
How is the allocation of parental responsibilities decided? This happens either with the court deciding or the parents reaching an agreement with court approval.
Contested custody cases can be stressful and expensive, but sometimes are necessary. However, in some instances, a lawyer may help address custody disputes outside of court. Parents have the right to decide on custody themselves as long as their decisions are fair and in the child’s best interests. Courts even prefer parents to decide on custody themselves, since parents know their situations best and have the flexibility to come up with customized solutions that judges might not necessarily be able to provide.
In some cases, the parents would rather decide themselves, but one parent’s marijuana use is a sticking factor. Some parents might think that any use by the other parent is harmful, while excessive, harmful use does occur in other situations. There may be a way forward in both types of cases with a lawyer’s guidance.
Erlich Law can assess the impact of marijuana use on your child custody case. Contact us today.
