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Thread: pot and custody

  1. #1
    ard1976 is offline Junior Member
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    Question pot and custody

    What is the name of your state?What is the name of your state?Illinois

    My friend just told his wife that he wanted a divorce and she is saying she is going to get the court to order drug testing for marijuana. He smokes daily but never ever around his son. He has no drug convictions on his record. What kind of proof does she have to have to get it ordered? I read other posts, just wondering on IL law regarding this.

    Also, if for some reason this would happen and he tested positive, how will this affect custody? He wants true joint physical custody with hope of full custody when his 2 year old is a little older. He is aware that he needs to quit smoking but even if he quits tomorrow obviously it is still in his system. If he tests positive will it ruin his chances of ever getting full custody? Once again, he has no record and as far as he knows she has no proof besides her accusation. Also, can she go file and use drug use as a reason, I know in IL you can file because of spouse using addictive drugs, not sure if marijuana falls into this category (because she is angry with him, she might do this just to say she filed and make him look bad)
    Thanks so much!
  2. #2
    LdiJ is online now Senior Member
    Join Date
    May 2004
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    65,374
    Quote Originally Posted by ard1976
    What is the name of your state?What is the name of your state?Illinois

    My friend just told his wife that he wanted a divorce and she is saying she is going to get the court to order drug testing for marijuana. He smokes daily but never ever around his son. He has no drug convictions on his record. What kind of proof does she have to have to get it ordered? I read other posts, just wondering on IL law regarding this.

    Also, if for some reason this would happen and he tested positive, how will this affect custody? He wants true joint physical custody with hope of full custody when his 2 year old is a little older. He is aware that he needs to quit smoking but even if he quits tomorrow obviously it is still in his system. If he tests positive will it ruin his chances of ever getting full custody? Once again, he has no record and as far as he knows she has no proof besides her accusation. Also, can she go file and use drug use as a reason, I know in IL you can file because of spouse using addictive drugs, not sure if marijuana falls into this category (because she is angry with him, she might do this just to say she filed and make him look bad)
    Thanks so much!
    Someone who gets high on a daily basis has a serious problem with drugs. He has no business having custody of his child, true joint custody or otherwise. He may not smoke it in front of his child, but he is certainly high with his child in the house.

    Whether or not a judge will order drug testing...and its likely to be a hair test, depends entirely on the judge. Quite often some form of outside evidence is required, but that isn't guaranteed.

    If his drug use is proven by testing...then he is likely to be restricted to supervised visitation until he can demonstrate that he has been clean for a significant period of time.

    Your friend really needs to give up on the idea of 50/50 custody for now....and focus on cleaning up his lifestyle. It was somewhat of a longshot for him anyway. He can revisit that issue when he has permanently eliminated drugs from his life.

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