By Rosalind Sedacca, CDC

When alcohol use creates an unsafe environment for your child, it can be a deeply painful and confusing situation for everyone involved. This is specially challenging when you are divorcing an *alcoholic or co-parenting after a divorce. It’s important to recognize the warning signs of alcohol-related neglect or endangerment early on. Then you must understand how to document and present evidence in a calm, factual, and responsible way.

Proving an unsafe environment for your child when alcohol is involved typically requires clear, credible evidence. The primary objective is showing that the child’s health, safety, or well-being is at risk due to a parent’s use of alcohol. This often plays out in custody disputes or Child Protective Services (CPS) investigations. It can also become a central point when parenting plan visitation details are being discussed.

Key Elements or Types of Evidence The Courts or CPS May Look For

• Has the child been left unsupervised due to intoxication?
• Has the caregiver driven under the influence with the child?
• Is the child exposed to dangerous people or environments?
• Has there been domestic violence associated with alcohol?
• Has the caregiver neglected basic needs (food, hygiene, schooling)?
• Are there patterns of harmful behavior or instability?

Primary Legal Considerations

When determining how to prove substance abuse in court, evidence is vital to your success. However, not all evidence or records will be acceptable by the Court in a child custody or other Family Law case. Navigating a custody case can be especially difficult if the other party denies drug abuse and/or alcohol abuse.

Courts and agencies focus on several key legal considerations when making determinations about alcohol abuse. The primary focus is on whether the use of alcohol:

• Impairs judgment or parenting ability
• Exposes the child to harm or neglect
• Leads to unsafe or unstable living conditions

Be aware that occasional, responsible consumption of alcohol does not fall into this area of concern. So, it is imperative that you prove abuse, addiction, or harmful behavior resulting from alcohol intoxication.

Tamper-proof Alcohol Monitoring Technology Provides Trusted Evidence

Actual, verifiable, real-time alcohol monitoring test results can make all the difference in a legal case. Tamper-proof technology, such as Soberlink, is extremely reliable, not to mention convenient. The same remote alcohol testing device that can be used to prove substance abuse can also be used to establish sobriety reliably, which is essential for a Monitored Client in a child custody case.

The breathalyzer that sends results, especially designed for family law, must detect alcohol and confirm the identity of the person testing. That is why facial recognition, paired with a built-in camera, is so critical. The device has to prove sobriety as well as integrity.

For families navigating custody issues, monitoring has become more than a rule to follow. It’s a tool that Courts, attorneys, and parents could depend on with confidence. 

Rely on Soberlink for Court-Admissible Remote Alcohol Monitoring Technology!

Soberlink’s comprehensive system offers an innovative solution for alcohol monitoring in custody and parenting cases, combining technology and convenience to provide court-admissible records and documentation of sobriety that supports child safety and offers peace of mind for parents.

• Discreet and Portable Breathalyzer: Soberlink’s cutting-edge breathalyzer is designed for convenience and discretion, enabling parents to prove their sobriety anytime, anywhere.
• Instant Notification System: Test results are immediately transmitted to designated parties through text or email, promoting transparency and trust in custodial situations.
• Intuitive Software: User-friendly software ensures a seamless experience that eliminates hearsay, streamlining litigation and making processes more efficient for both legal professionals and parents.
• Facial Recognition Technology: With built-in, advanced facial recognition, Soberlink automatically verifies the identity of the person being tested, ensuring accurate and reliable results.
• Tamper Detection Sensors: Equipped with sophisticated tamper sensors, the system effectively detects any attempts to cheat the system, maintaining the integrity of the testing process and promoting child safety.
• Expert In-House Support: Soberlink’s dedicated support team includes a Compliance Department, provides certified records, and offers expert testimony as needed, serving the needs of the family law community with over 10 years of experience

Credible Documentation to Support Your Case and Justify Proof

There is a broad range of evidence that you can use to justify an investigation or prove child endangerment. Legal, medical, police and other agency reports and records all hold up well in court. Expert testimony from child psychologists as well as video and audio files are respected forms of documentation. Often, social media posts provide credible evidence.

Here are some tips that are crucial to keep in mind:

• Document every incident with dates, times, and as much detail as possible.
• Keep copies of any official records or communications.
• Consider requesting a court-ordered alcohol evaluation, random testing, or supervised visitation.
• Work with a family law attorney or advocate to prepare your case.

Family Courts cannot afford uncertainty. Allegations of drinking affect custody rights, visitation schedules, and the safety of children. Judges trust monitoring systems, like Soberlink, because they produce results they can trust every time. Keeping children’s best interests at the forefront of every decision requires utilizing tools that demonstrate accuracy, timeliness, and offer safeguards against manipulation.

Soberlink meets these standards. For the Court, this means decisions are based on proof, not speculation. For parents, it means their commitment to sobriety is visible, recognized, and respected.

* I am using the term “alcoholic” to make the content easy to find, however, “Alcohol Use Disorder” and “Alcohol Misuse” are the terms to be used rather than “alcoholic” which can be stigmatizing

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Rosalind Sedacca, CDC is a Divorce & Parenting Coach and Founder of the Child-Centered Divorce Network. She is the author of How Do I Tell the Kids About the Divorce? A Create-a-Storybook Guide to Preparing Your Children – With Love! To get her free ebook on Post-Divorce Parenting, and learn about her coaching services, programs and other valuable resources on divorce and co-parenting issues, visit https://www.childcentereddivorce.com

 To learn about Soberlink’s remote alcohol monitoring technology visit https://www.soberlink.com