Most Family Law attorneys will encounter a child custody case involving alcohol. Whether representing the parent accused of alcohol abuse or the concerned party, there are vital questions attorneys should consider when developing their approach to these cases.
Family Law attorneys must first identify the alcohol abuse issues in the custody case to address them effectively. For example, if alcohol abuse is contested, the accused party may not want to agree to give up parenting time to the concerned party. In this instance, the accused party’s attorney will want to strategically focus on establishing that their client has no problem with alcohol.
By contrast, if the accused party does not contest that they have a history of alcohol abuse that has put their children in harmful situations, they may still seek to retain visitation rights. In this case, the attorney for the accused party will want to work to restore trust through methods such as alcohol monitoring and taking an incremental approach to increasing parenting time.
Questions related to alcohol abuse allegations for attorneys to consider include:
The current status of alcohol consumption also plays an essential role in advising clients on likely outcomes and formulating custody case strategies. A history of alcohol abuse is unlikely to play a significant part in child custody determinations where the accused parent has been sober for over 15 years. However, sometimes this does happen due to the weaponization of the disease. Regardless, in such cases, the Family Law attorney representing the accused party will want to emphasize the length of sobriety and the lack of impact on the children.
Questions related to the state of alcohol abuse for attorneys to examine include:
Alcohol abuse is prevalent in the United States, and many people are influenced by their own relationships and experiences with alcohol. It is common for people, including attorneys, to believe false narratives about alcohol abuse – including the once prevalent misconception that if a parent has relapsed, they should have their visitation privileges revoked to maintain the best interest of all parties involved.
It may be appropriate to seek additional training and education to further an attorney’s understanding of alcohol abuse. Taking an informed approach to litigating custody cases involving alcohol helps attorneys better advocate for their clients and protect the children’s welfare.
Some questions attorneys can ask themselves regarding bias and training are:
In custody cases today, courts want to facilitate a shared parental relationship that benefits children while prioritizing their wellbeing. Attorneys for all parties should evaluate this balance of interests when developing time-sharing proposals and general case strategies.
Questions related to the balance of interests for attorneys to consider include:
In custody cases involving (or allegations of) alcohol abuse, alcohol monitoring is an effective tool for providing objective information about a parent’s alcohol use so children can remain safe while spending time with both parents. Attorneys representing clients in such cases should, at a minimum, determine if alcohol monitoring is needed.
Questions related to alcohol monitoring for attorneys to consider include:
Thousands of Family Law practitioners consider Soberlink the gold-standard solution for alcohol monitoring during parenting time. Soberlink is a portable alcohol testing device that improves peace of mind through real-time results. Whether a parent is concerned for their child’s safety or struggles with or is being accused of alcohol misuse, the comprehensive allows parents to provide documented proof of sobriety to the Court with minimal interruption. Its high standards and flexible solutions have led to it being trusted by over 10,000 Family Lawyers and countless clients.
