Not many people saw the horror you and your children experienced due to living with someone with a substance abuse disorder.
After all these years of silence, why am I only doing something about it now? My spouse is beloved in our community. We have a beautiful home. We both have nice cars and good jobs. Who’s going to believe me?
These thoughts reflect the reality of many parents faced with the prospect of litigating, often with the guidance of an attorney, primarily for the safety and well-being of their children, against their partner who has a substance abuse issue. Concerned with evidence collection, privacy concerns, a potential custody battle, legal procedures, working closely with their attorney, airing their private business, impacting other relationships, rehab, and the emotional toil this will have on their children, these parents wonder how they will ever prove their partner’s drug or alcoholism through reliable records to a judge in Court.
Sadly, they’re not alone.
Substance abuse remains a significant problem in the United States. Many families have dealt with and deal with challenges related to drugs and/or alcohol and have taken measures to support recovery and prevent the further fracturing of their households. Notably, the NIAAA reports that nearly 30 million people nationwide struggle with some form of drug abuse or alcoholism.
Moreover, there are many situations in which a person may need to prove a parent or other party's substance abuse—or their own sobriety—in court. Knowing how, mainly if custody is involved, is critical and often requires the expertise of an attorney. This article provides an overview of essential aspects related to proving drug abuse or alcoholism in court.
There are several different circumstances in which a parent may be required to prove another parent's drug addiction or alcohol abuse. Indeed, questions about substance abuse often arise in Family Law cases, including divorce, separation, post-divorce/post-separation, and child custody disputes. Like many parents, you may be wondering about "how to prove substance abuse in divorce" or "how to document a parent's drug or alcohol use in a child custody or visitation case?"
Regardless of the situation you find yourself navigating, it is essential to know that evidence is vital to success—and this is especially true for parents in child custody cases. Navigating a custody case can be especially difficult if the other party denies drug abuse and/or alcohol abuse. Proving substance use—with the assistance of an attorney and reliable, legally valid records and evidence is the key to protecting your rights, your children, and your family's well-being.
While evidence is at the foundation of any legal case, your attorney will advise that not all evidence is created equal. In Court, a judge may not even consider evidence that is regarded as unreliable or irrelevant - even in a custody or visitation case, as your attorney will explain.
Imagine being a parent embroiled in a child custody or visitation dispute. You have personally witnessed your co-parent using drugs and abusing alcohol. However, they deny doing either. To effectively assert your child custody rights, you will need to overcome your co-parent's defiance and denial.
How will a Family Court handle this type of child custody dispute? It depends. The testimony of one parent—their statement claiming that they have witnessed drug abuse or alcohol abuse—may not, by itself, be sufficient to prove substance use.
Several evidence-related challenges can arise in a substance abuse court case. Some records evidence presented by the parent could be ruled inadmissible. Other evidence may be heard but may not be deemed sufficiently compelling.
It is important to emphasize that not all evidence or records of drug abuse or alcoholism will be considered by the Court in a child custody or parenting case or other Family Law case. Although the specific standards vary somewhat from jurisdiction to jurisdiction, evidence of alleged alcoholism or drug abuse may be ruled inadmissible in the U.S. or Canada based on one or more of the following issues:
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. A Concerned Party can use Soberlink’s portable breathalyzer to verify the identity of the test-taker and document alcohol use (or sobriety) in real-time. In challenging child custody and parenting cases, parents should always rely on the most trusted remote alcohol testing device.
Of course, evidence related to allegations of drug use or alcoholism is not only crucial for a parent, but also for supporting their ongoing recovery efforts if applicable. Quite the contrary, a parent who has an alleged history of drug or alcohol misuse may also need to prove sobriety in court.
In the case of Soberlink, 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.
To ensure the most effective use of remote alcohol monitoring, Soberlink has developed a Best Practices document that outlines key guidelines for integrating their technology into child custody cases. This document provides comprehensive recommendations on setting up and managing monitoring programs, ensuring that all parties understand their responsibilities and the device’s capabilities. By adhering to these best practices, parents and legal professionals, such as judges and attorneys, can maximize the reliability and admissibility of the evidence collected, ultimately supporting better outcomes in custody and parenting cases.
.webp)
Proving substance use in court is key in many different contexts—from custody and parenting to protecting your children and supporting recovery. While a wide range of evidence could potentially be used, the best evidence is the test results from a court-admissible alcohol testing device. In Family Law, the stakes are high, and the outcomes deeply impact the lives of everyone involved, including how a judge views the case. Court-admissible remote alcohol monitoring technology ensures accurate and verifiable tracking of a monitored parent’s alcohol consumption, not to mention promoting accountability, ensuring safety, and helping to reestablish the trust of everyone involved, including the concerned parent.
When you use a trustworthy device like Soberlink, your attorney will find that remote alcohol monitoring test results are accepted as highly credible evidence—particularly when contrasted with witness statements. That said, it is essential to emphasize that not all remote breathalyzers are guaranteed to be admissible in court. Parents in a child custody matter should know that any testing device must be accurate, reliable, and able to deliver scientifically valid results and records that a judge can trust.
The best evidence-based practice for monitoring substance abuse—particularly alcohol use—is remote alcohol monitoring. Test results will produce a report that provides objective, time-stamped evidence of an individual's alcohol consumption.
With a cutting-edge remote alcohol testing device like Soberlink, facial recognition technology verifies the Monitored Client’s identity during each test. Identity verification is essential in child custody and alcohol cases to confirm the intended individual is being tested and that it is not a sober buddy’s testing sample.
It depends. In a substance abuse evaluation, the questions can vary based on the specific context and objectives of the assessment. As a general matter, these evaluations may include inquiries about an individual's history of substance use, drug use, evidence of alcoholism, patterns of consumption, impact(s) on personal and professional life, and any previous attempts at treatment or recovery. The evaluator may also explore underlying factors contributing to substance use, such as mental health issues or stressors. There may be other unique factors for parents in child custody cases.
Broadly defined, a substance abuse test is a test designed to assess a person’s use of drugs and/or alcohol. These tests can come in various forms—from breathalyzer tests, blood tests, urine screens, and hair follicle tests. Each type has its advantages and disadvantages. As an example, breathalyzer tests provide immediate results.
For this reason, remote alcohol monitoring technology—often a court-ordered breathalyzer—is relied upon for real-time needs, such as monitoring for child custody and child visitation. Alternatively, a urine test can generally measure the presence of alcohol in a person's system over a more extended period—often as much as 72 hours after consumption.
You need reliable evidence when it comes to making custody stipulations and litigating drug or alcohol abuse. Evidence can take many forms in the context of child custody cases and child visitation cases. Witness statements, police citations, and written communications could all be relevant to establish drug abuse or alcohol abuse. These types of evidence may be deemed admissible in child custody cases. That said, depending on the circumstances, there may be instances where they are insufficient for parents seeking to assert their custody rights.
In cases where alcoholism is a factor, remote alcohol monitoring technology is highly effective in this regard—especially for ongoing monitoring during shared child custody or supervised visitation periods. With the right provider, remote alcohol monitoring provides court-admissible evidence through accurate, time-stamped alcohol level readings and reliable technology for facial recognition to confirm the identity of the party being tested, ensuring the judge has credible evidence. It is real-time monitoring that can be trusted.
Evidence-based practices for substance abuse, particularly for alcohol in the context of child custody, include Soberlink's monitoring system. Soberlink is considered the gold standard in custody cases due to its accuracy and reliability in providing real-time, court-admissible evidence of alcohol consumption or sobriety. This system supports the safety of the child by ensuring that all parenting decisions are made with a clear understanding of each parent's sobriety status.
An example of substance misuse is excessive alcohol consumption, which may significantly impair parenting abilities. In custody cases, Soberlink helps identify and document alcohol consumption, providing family law courts and attorneys with reliable evidence to assist in making informed custody and visitation decisions.
An example of substance abuse is alcohol abuse, and testing for alcohol consumption can be effectively conducted using Soberlink. This device is tailored for custody and family law cases, allowing for the monitoring of alcohol consumption through advanced breathalyzer technology. Soberlink provides real-time results and utilizes facial recognition to ensure the identity of the individual being tested, making it a reliable tool for assessing alcohol use in legal contexts such as child custody cases.
Alcohol is the most commonly abused substance, particularly in contexts that impact family dynamics and custody cases. Soberlink provides a specialized solution in such scenarios, helping to monitor alcohol use and ensuring that child custody decisions are made with the safety and best interests of the child in mind.
While various drugs can be tested in custody cases, alcohol misuse remains a leading cause behind divorce and custody disputes. Soberlink's system is crucial in such custody cases, providing reliable, real-time monitoring of alcohol use, which is vital for making informed decisions about child custody.
Attorneys, Family Law Professionals, Courts, and parents opt for Soberlink because the real-time data can be confidently used in all stages of a Family Law proceeding, including as a provision in parenting plans where child custody or visitation is a factor. It is an objective and non-intrusive means of monitoring, essential in sensitive custody cases.
The balance of thorough monitoring with respect for personal dignity, parenting, and safety strengthens the reliability of any family legal case, as your attorney will emphasize. It supports a more amicable and respectful custody process.
Soberlink makes it easier for parents to navigate issues of child custody and visitation when there are concerns about alcohol, ensuring the safety and well-being of their children through reliable records. The technology's ability to provide real-time, accurate data ensures that all parties have the court-admissible evidence to prove substance abuse (or lack of substance abuse).
Given that this article focused mainly on custody provisions and proving alcohol misuse in court, you and your attorney may find interest in exploring the below list of topics for proving drug abuse in court. This list is not exhaustive and should be reviewed with your attorney (as it does not represent legal advice). Still, you may find it to be a helpful starting point or even in preparation for meeting with a Family Law Attorney:
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.
.png)
