Can I Get Custody Back if I’m in Recovery? 

 Posted on September 15, 2025 in Allocation of Parental Responsibilities

If a parent struggles with addiction during a divorce, the court may decide that limiting their parenting time or decision-making authority is in the child’s best interests. But what happens if that parent recovers and starts rebuilding a stable life? 

In Illinois, a parent can ask the court to change a custody plan if their situation has changed in an important and lasting way. If you have recovered from addiction and want more time with your child, an Oak Park, IL parental responsibilities attorney can explain your options.

How Can Addiction Impact Parenting Time in Illinois?

Under Illinois law, domestic relations courts always put the child’s best interests first, so, during divorce or custody cases, substance abuse can weigh heavily against a parent, and as a result, judges may limit parenting time, order supervised visitation, or take away decision-making responsibilities. The goal is not to punish the parent, but to protect the child.

However, Illinois family law courts know that recovery is possible, and that children can benefit when they can safely spend time with both parents. If a parent completes treatment and stays sober, the parent can ask the court to change the parenting plan. 

Can I Change Our Custody Order If I Recover from Addiction?

Under 750 ILCS 5/610.5, Illinois law allows changes to parenting plans if a parent’s situation improves, and the change would benefit the child. But this provision requires a major and lasting change. Recovering from an addiction can be a good reason to ask for a change, but the parent must show that their sobriety is steady and lasting. When deciding, courts will look at:

• Proof of recovery, such as finishing treatment, going to therapy, or joining a support group;

• Proof of a safe living environment for the child;

• Testimony or documentation showing consistent employment, stable housing and positive community ties; and,

• The child’s current needs, and how increased time with the parent could affect the child’s well-being.

Do I Need a Lawyer to Help Me Modify Our Parenting Plan?

Asking for parenting time after recovering from an addiction is a sensitive subject, and achieving your goal can be complicated. For example, the other parent may oppose the request, or raise concerns about a relapse. A skilled family law attorney can help you show proof of your recovery, advise you how to answer questions in court, and show you how to explain why more parenting time would benefit your child.

Contact a Hillside, IL Child Custody Lawyer

If you have worked hard to overcome addiction and are now ready to play a larger role in your child’s life, you do not need to navigate the legal system alone. An experienced Oak Park, IL family law attorney at the Law Office of Vincent C. Machroli, P.C. can explain your rights, guide you through the process of filing for modification, and advocate for you in court. Call us today at 708-449-7404 to schedule a no-charge legal consultation to get started.