Divorce cases involving children often raise difficult questions about parental fitness. When one parent suspects the other is using drugs or alcohol, they may ask the court to order drug testing. If you are facing allegations of substance abuse during divorce, understanding when and how judges can order drug testing is important.
Illinois divorce judges do have the authority to order drug tests when children are involved. If you are worried about drug or alcohol issues in your 2026 divorce, call our DuPage County divorce attorneys for help.
When Can a Judge Order Drug Testing in a Divorce?
Under the Illinois Marriage and Dissolution of Marriage Act at 750 ILCS 5/602.7, courts must consider each parent’s physical and mental health when determining custody and parenting time. Substance abuse falls under the category of “physical and mental health.”