Can Cannabis Use Impact My Illinois Child Custody Case?

 Posted on November 29, 2024 in Child Custody / Parental Responsibilities

Illinois has joined many states that have legalized the use of medical and recreational cannabis in recent years. While marijuana is now legal for adults in Illinois, it can still have implications in family law, particularly in child custody cases. If you use cannabis and are involved in a custody battle, speak with a knowledgeable Cook County, IL child custody lawyer to understand how cannabis use could affect your case.

The Impact of Cannabis on Child Custody Decisions

Family law courts in Illinois always prioritize a child’s best interests when making any decision that can affect that child. When child custody – known in Illinois as "parental responsibilities" – is being discussed, the judge will consider many factors to decide what the safest and most beneficial arrangement would be for the child.

Although parents can legally use cannabis, inappropriate cannabis use can still factor in custody decisions if there are concerns about a parent’s ability to care for their child. For example, if one parent claims that the other parent’s regular cannabis use makes them unable to properly take care of their child, the court might examine these claims. If the evidence shows that a parent's use of cannabis does indeed cause them to act irresponsibly, neglectfully, or with poor judgment, a judge might feel the child would be better off spending less time with that parent.

However, just because someone uses cannabis does not automatically put their parenting skills into question. The only question is whether marijuana use impairs the parent’s ability to provide a safe and stable environment for the child.

How Can Parents Who Smoke Weed Protect Their Custody Rights?

Illinois courts will evaluate several factors when deciding whether cannabis use affects custody arrangements. These factors include whether the parent’s marijuana use has any impact on the safety and welfare of the child, whether the cannabis is used legally and responsibly, and whether there is a history of substance abuse.

If your cannabis use does not affect your ability to care for your child, and you follow all relevant laws like not driving while under the influence, using marijuana is similar to drinking alcohol – there is no reason it should put your rights at risk. That being said, it is best to use cannabis in private and make sure it does not impair your judgment or behavior around your child. Children should never be allowed to access marijuana and parents should be especially cautious around marijuana products that look like candy.

Schedule a Free Consultation with a Chicago, IL Custody Lawyer

No matter what complicating factors may be involved, if you are getting divorced or are involved in a child custody modification dispute, work with an experienced family law attorney. If you are concerned that your cannabis use might impact your custody case, speak with our skilled Cook County, IL family law attorney to protect your parental rights. At The Law Office of George J. Skuros, we are dedicated to helping parents and children get the best outcomes possible. We will fight hard to protect your rights, particularly when legal cannabis use is used against you in a custody battle. Call us at 312-884-1222 to schedule a free consultation.