Why Families Seek to Renew a Soberlink Provision
Custody agreements often include alcohol monitoring provisions to help ensure children’s safety and stability. When the initial monitoring period is coming to an end, families and attorneys sometimes find themselves asking how to renew a Soberlink provision. These conversations are not uncommon, especially in cases where alcohol use has been a central issue.
To shed light on the process, Erik McCauley, Esq., Managing Attorney at Melone Hatley, P.C., shared his professional perspective.
Step 1: File a Motion to Renew the Soberlink Provision
When the original custody agreement or parenting plan includes alcohol monitoring, formal renewal generally requires a court filing. As McCauley explains, “If the monitoring was originally included in the existing order or parenting plan, we would typically need to file a motion with the court to extend or renew that provision. This involves drafting a proposed modification outlining why continued monitoring is in the child’s best interests and presenting supporting evidence of this.”
In situations where both parents agree that renewal is appropriate, a consent order can be submitted. McCauley notes, “In some cases, if both parents agree, we could submit a consent order to the court, which is often quicker and less adversarial.” If no agreement exists, the court will schedule a hearing, giving each side the opportunity to present their case before a judge.
Step 2: Provide Evidence That Renewal Is in the Child’s Best Interests
Courts focus on the child’s well-being when considering renewals. Attorneys play an important role in presenting evidence that continued monitoring supports stability and safety. As McCauley explains, “When there is no existing agreement, the court will schedule a hearing where both sides can present their position, and the judge will decide if renewal is appropriate and in the best interests of the child.”
This underscores the importance of preparation. Documented progress, concerns, or patterns during the original monitoring period can become central in showing why renewal may be necessary.
Step 3: Understand Common Reasons for Renewal
Renewals are not automatic. They are often prompted by very specific concerns. McCauley identifies several recurring themes:
- Concerns About Relapse: “The most common reason for renewal is a concern about relapse. The monitored parent may have demonstrated progress during the initial monitoring period, but the other parent feels more time is needed to establish long-term sobriety.”
- Consistency for the Child: “Renewals can also be requested when the child is still young and especially vulnerable, or if there are upcoming transitions, such as expanded visitation, that might raise concerns about the child’s safety and consistency.”
- High-Conflict Co-Parenting Situations: “In high-conflict situations where trust is non-existent, extending monitoring can help reduce the accusations and disputes, thereby avoiding repeated trips back to court.”
- To Demonstrate Commitment: “Sometimes, a monitored parent may request renewal to demonstrate to the court and their co-parent their continued commitment to their sobriety.”
- Substance Use History: “A history of chronic alcohol misuse can make co-parents and courts extremely cautious, sometimes leading to decisions to renew monitoring.”
Each of these reasons shows that renewal can be both protective and proactive, depending on the circumstances.
Step 4: Know When to Revisit Monitoring Provisions
According to McCauley, “Because renewals aren’t automatic, they do come up fairly often in cases where substance abuse has been a central issue. Conversations are typically prompted when (1) the end of the monitoring period is approaching, (2) there are ongoing disputes between co-parents about one parent’s alcohol use, or (3) there has been a change in circumstances, such as a relapse or a request to increase parenting time.”
This means attorneys and parents should plan ahead. Waiting until the last moment to raise renewal questions can increase conflict. Early discussions help set clear expectations and provide time to gather the right documentation.
Step 5: Leverage the Benefits of Soberlink for Renewals
Not all alcohol monitoring tools are equal. For families considering how to renew a Soberlink provision, the features of the program itself often make the decision easier. As McCauley explains, “Soberlink tends to be less invasive, more convenient, and more accessible than many of the other alternatives. The real-time, remote monitoring makes it so parents don’t have to travel to testing centers or submit to random in-person checks. The technology provides reliable results that can be shared directly with both parents and, if necessary, the court.”
He also highlights the added accountability: “Furthermore, there are built-in safeguards that increase accountability over less secure methods. When a monitored parent voluntarily agrees to continue, it shifts the tone away from punishment toward cooperation, building trust and avoiding conflict between co-parents.”
Step 6: Recognize When Both Parents Support Renewal
Renewal requests are not always adversarial. In some cases, both parents come to the table with their own reasons for extending monitoring. McCauley has seen this dynamic firsthand: “This happens more often than people might think. The monitored parent may support renewal to show accountability and reinforce their commitment to sobriety, whereas the concerned parent is coming from a place of feeling more secure about the child’s safety.”
He emphasizes the value of this shared perspective: “While these core motivations differ, co-parents typically want what is best for their children. Mutual agreement to renew shows a cooperative spirit that supports the best interests of their child, which is the benchmark of custody decisions.”
Conclusion: Renewals as a Tool for Stability
For families and attorneys navigating how to renew a Soberlink provision, the process can serve as an important safeguard. Whether driven by concerns about relapse, the need for consistency, or a desire to build trust, renewals provide courts with a practical way to reinforce accountability. With insights from McCauley and his team at Melone Hatley, P.C., it becomes clear that when handled thoughtfully, renewals are not just procedural steps but meaningful decisions that support children’s stability and safety.