Per the Illinois Medical Cannabis Act, DCFS can remove children from parents who use marijuana if the parent or parents are using the medical cannabis in close proximity to anyone under the age of 18 or there is evidence of child abuse or neglect, including allegations of marijuana use in close proximity to minors.
Taking this a step further into a contested child custody case, a parent seeking custody can and likely will express their concerns to the court about the other parents drug use, whether it is medically prescribed or lawful recreational use.
Substantiated claims that the other parent is using marijuana in close proximity to a child, that their drug use makes them unable to care for a child, or that they are abusing or neglecting a child related to their drug use will likely reduce child custody rights of the offending parent.
Key Considerations to Protect Child Custody Rights
A divorcing parent that uses cannabis products, medicinally or recreationally, is well advised to get ahead of any concerns:
- If the use of cannabis is medically necessary, it is important to have a valid prescription that can be presented to the court if the other parent raises a concern
- Ensure that medical marijuana is used responsibly and avoid using in front of children or in a way that impairs the ability to care for them
- Marijuana must be kept out of reach of children and all paraphernalia locked away
- It is good practice to keep records of marijuana use – time, dates & amounts – to head off concerns about a child’s exposure or lax care
- If the other parent raises concerns to the court, consider bringing in an expert witness on medical marijuana use to testify on your behalf
- If an evaluation is ordered, be prepared to discuss marijuana use as the evaluator will make recommendations to the court as to your fitness as a parent
- If your parenting rights are threatened due to use of medical or recreational use of cannabis/marijuana, legal representation is key
If the court deems that use of medical or recreational marijuana is not in the child’s best interests, the custody order may allow for scheduling around use or supervised visits to ensure the safety and well-being of the child. The divorce settlement agreement may include a clause establishing guidelines to address a co-parent’s concerns and prevent future disputes.
When you have questions regarding marijuana use in an Illinois custody determination, contact the Law Office of Ronald L. Bell to discuss your concerns today at 847-495-6000.