Will I Lose Custody if My Baby Tested Positive for Drugs?

 Posted on June 17, 2024 in Child Custody

Newborns are routinely given a toxicology screen at birth. Doctors do need to know if a child is born with drugs in his or her system, as these infants may require detoxification care or other medical interventions. Up until now, mothers would automatically have their parental rights taken away and be reported to law enforcement, risking arrest. A new Illinois state law has changed this. Mothers who have babies who test positive for drugs at birth now have an opportunity to retain custody rights, even if the fathers petition for custody. You will need to be represented by a skilled and compassionate DuPage County, IL child custody lawyer to show the court that remaining in your care is best for your baby.

What Matters in Custody Decisions for Infants Who Fail Newborn Drug Tests

The court will base its decision on what is in the best interest of your child. To regain custody of your baby when the father is seeking exclusive custody, you will need to show that you are a fit parent and your child is better off spending time in your care. A few important considerations might include:

• Whether you are seeking treatment - If you are in recovery, this is likely to be an immensely important factor. If your lawyer is able to show the court that you are no longer using drugs and are committed to a recovery program, this will help your case. This is especially true if you began seeking treatment while you were still pregnant, even if you were advised not to go through withdrawal until after your child was born. 
• Whether the father also uses drugs - If the father also uses drugs, he may have a very hard time convincing the court that he is a fit parent and that the baby would be safer with him than with you. 
• Your support system - If you have a strong support system to help you stay clean and help with the baby, the court may be more likely to grant you more parenting time. For example, if you are in a sober living apartment or have moved in with your parents so the baby has more family around, this can be helpful. 
• The type of drug use and how it affected the baby - If you used cannabis several times during the third trimester to relieve your back pain, the court may not be too concerned about your ability to care for your baby. However, if you were addicted to heroin and your baby went through severe withdrawals, this might be more of a barrier to getting custody. 

Contact a Wheaton, IL Child Custody Lawyer for New Mothers

Andrew Cores Family Law Group is dedicated to helping new mothers keep their babies in their care. You deserve an aggressive DuPage County, IL child custody attorney with litigation experience. Contact us at 630-871-1002 for a complimentary consultation.