Family Law Articles

Allegations of alcohol abuse, whether they’re supported by a history of abuse or based on unsubstantiated concerns, are taken seriously in Family Law cases involving children. Family Court Judges and settlement lawyers turn to more than just the testimonies given by opposing parties when creating custody arrangements in the best interest of the child.

When alcohol use is a factor in a child custody case, practitioners often look for solutions that will enable a child to maintain healthy, loving relationships with both parents. Whether your client is the one making or facing allegations of alcohol use, or you are a judge determining custody, using remote alcohol monitoring to support your case might help.

Child custody, visitation, conservatorship – these are the various terms used across the United States to reference a parent’s legal rights and responsibilities upon divorce or separation. When parents find themselves at this crossroad, they are given the ability to negotiate a parenting agreement or parenting plantogether that provides in-depth details on how their child(ren) will be cared for moving forward.

A common issue that arises during child custody litigation is that one or both parents may be unfit to parent due to alcohol abuse. People may assume that alcohol abuse claims immediately disqualify a parent from receiving full or partial custody. While alcohol abuse may, in severe cases, lead to this outcome, it is not necessarily the intention of the judge to permanently separate families due to substance abuse.

In Family Law, there are two sides to every story. When interpersonal disputes between spouses result in irreconcilable differences, the judge must rule on the third side of the story to the best of their ability: the truth. As part of this responsibility, judges must determine whether any evidence that the parties present is illegal, irrelevant and/or inadmissible in court and ultimately determine the child’s best interests.

When you or your client are navigating shared custody while recovering from alcohol abuse, you look for a way to ensure the children are safe and rebuild trust. Parents struggling with alcohol abuse aren’t alone. The 2017 National Survey on Drug Use and Health found an estimated 10.6 million adults aged 26 and older abused or were dependent on alcohol within the previous year.

The Best Interests of the Child. These five words comprise a single standard used often in Family Law litigation across all 50 states. An evolving term, The Best Interests of the Child Standard requires that all custody and visitation discussions/agreements are made to foster and encourage the child’s happiness, security, mental health, and emotional development into young adulthood [1].

Alcohol Monitoring is best described as using a tested device to observe, detect, and record the percent of alcohol in the bloodstream. It is a reliable and effective tool used to measure sobriety in Addiction Treatment, Workplace Compliance, and Family Law. The frequency of monitoring varies depending on individual circumstances and severity, but is usually more frequent during periods of greater relapse risk.

As of 2018, there were 6.5 marriages and 2.9 divorces for every 1,000 people in the U.S., according to theCenters for Disease Control and Prevention (CDC). This data suggests that, while well-intentioned, about 45% of marriages in the U.S. end in divorce. Although the dissolution of marriage is difficult in any capacity, when children are involved, the situation becomes more complex.

KoonsFuller, established in 1978 by Bill Koons and Ken Fuller, is one of the first law firms in Texas to handle divorce and child custody exclusively. The KoonsFuller team consists of board-certified Family Law all-stars who work in 5 offices across the state of Texas.