Legal Question in Family Law in Illinois
alcohol drug abuse
I have a 3 year old and my husband has had 2 past dui's and I found out he uses marijuana and cocaine. When I leave will he be allowed to see my son alone.
Asked on 5/02/07, 9:28 am
1 Answer from Attorneys
Peter Olson
The Olson Law Firm, LLC
Re: alcohol drug abuse
This is sort of the framework of visitation law. A non-custodial parent by default is entitled to "reasonable visitation." This would generally be a schedule along the lines of alternate weekends and 1-2 weekday nights. Now, if you want to deviate from that, you need to come in and prove that he's a "serious endangerment" to the child. So the burden's on you to prove that he's a threat to the child. If you can prove this, then perhaps supervised visitation (he would not be alone with the child) might be appropriate.
Answered on 5/02/07, 10:43 am
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