Legal Question in Family Law in Illinois

Abuse allegations, drug use, and getting your child back.

You are the child�s natural parent. This gives you many many rights. However, as a result of the problems you have mentioned, the nature and extent of your involvement with your child will likely be limited by a court. The determination by a court of a person�s �right� to custody or visitation is based upon the �best interests� standard. Generally, it is considered to be in a child�s best interest to be raised by (or if not raised by, then connected with) the child�s natural parents, but other issues, such as safety, development, physical, mental, and emotional well-being of the child, and risk of harm are also considered by courts.

For example, Illinois law provides: �A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger seriously the child's physical, mental, moral or emotional health.�

You need to obtain the advice of a lawyer experienced in child custody matters and accusations of abuse. Only after a careful review of the facts by such a professional can it be determined what you can do to obtain greater rights in the care, custody, and control of your child. You need to see a lawyer, not only for the present circumstances (visitation), but to learn what steps you must take to improve your chances of perhaps obtaining custody, and to ensure you act to protect against the risk of having your parental rights terminated.