Can a Divorce Judge Make You Take a Drug Test?

 Posted on December 23, 2025 in Child Custody

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."

A judge can order drug testing if there is concern that a parent is using drugs or alcohol in a way that could harm the children. This does not mean proven drug use. It means there is enough evidence to make the concern legitimate.

Common situations include:

• A parent who seems drunk or high during visitation exchanges

• Witnesses reporting drug or alcohol use around children

• A history of substance abuse

• DUI convictions

• Unexplained changes in the parent’s behavior

• Evidence, such as photos or texts, suggesting drug use

According to the Substance Abuse and Mental Health Services Administration, approximately 8.7 million children in the United States live with at least one parent who has a substance use disorder. Given these statistics, Illinois courts take substance abuse allegations seriously.

How Does Using Drugs During Divorce Affect Child Custody Decisions?

Drug use can definitely impact child custody arrangements. Courts do not automatically deny custody to a parent who has used drugs in the past. But current substance abuse can lead to restricted parenting time or loss of custody.

Illinois law focuses on whether drug use creates danger to the child. The court can look at:

• The type of drugs the parent uses or is accused of using 

• How often the parent uses drugs

• Whether the parent uses drugs around children

• Whether the parent has gotten treatment

• Whether the parent acknowledges the problem

If a parent tests positive, the judge may limit parenting time or require supervised visits where another responsible adult must be present.

What Types of Drug Tests Can a Divorce Judge Order?

Illinois courts can order several types of drug testing. Urine tests detect recent use within the past few days to a week. Hair follicle tests detect use up to 90 days. Blood tests detect very recent use. Saliva tests detect use within the past few days. The court chooses the test type based on specific concerns.

Who Pays for Court-Ordered Drug Testing in a Divorce?

The parent being tested usually pays for the drug test initially. However, if the test comes back negative, the judge may order the parent who requested the testing to reimburse the tested parent. This helps prevent false accusations.

Drug testing costs vary. Basic urine tests might cost $30 to $100, while hair follicle tests can cost $100 to $150 or more.

What Happens if You Refuse to Take a Drug Test in Your Divorce Case?

Many people find an ex’s accusation of drug use to be deeply offensive and do not want to take a test on principle. But if a judge orders you to take a drug test and you refuse, there can be serious consequences. The court may see your refusal as basically admitting that you would test positive. This can lead to restricted parenting time, supervised visits, or loss of custody rights.

If you have concerns about a test, such as false positives from medications, talk about these concerns with your attorney and the court.

What Happens if You Fail a Drug Test During a Custody Battle?

If you test positive for illegal drugs or misused prescription medication, the consequences depend on the circumstances. The judge might order substance abuse evaluation, treatment or counseling, regular drug testing, supervised parenting time, or restricted parenting time in severe cases.

If you finish treatment and show you can stay sober, you may gradually get parenting time back. Courts want to see parents overcome substance abuse, but child safety always comes first.

Can You Request That Your Spouse Be Drug Tested During Your Divorce?

You can ask the court to order your spouse to submit to drug testing if you have legitimate concerns about their substance abuse. However, you need to demonstrate that you have valid reasons to be suspicious, whether through presenting evidence or offering explanations. 

Your attorney can file a motion requesting drug testing and present evidence supporting your concerns. The judge will review the evidence and decide whether there is sufficient reason to order testing. Making false accusations can damage your credibility with the court.

What Should You Do if Your Ex Asks the Court to Drug Test You During a Divorce or Custody Battle? 

If you are facing drug testing allegations in your divorce, having a good lawyer is very important. An experienced divorce attorney can challenge unreasonable testing requests. If necessary, your lawyer can give evidence of your fitness as a parent to argue for a custody arrangement that protects your relationship with your children.

If you have substance abuse issues, being honest with your attorney helps them develop the best strategy. Seeking treatment if you need it can show the court that you are taking responsibility and putting your kids first.

Contact an Experienced DuPage County, IL Divorce Attorney

Drug testing in divorce cases can threaten your relationship with your children. Whether you are concerned about your spouse's substance abuse or are being accused yourself, you need a good lawyer on your side.

Our Wheaton divorce lawyers at Goostree Law Group have decades of experience handling difficult divorces and custody battles. We have a strong reputation throughout DuPage County for protecting parental rights while keeping children's best interests first. 

We offer free consultations. Contact Goostree Law Group at 630-584-4800 today.