Family Law attorneys and practitioners know all too well how often alcohol is an issue in child custody cases. This post will discuss the evolution of views on custody and alcohol abuse, how alcohol abuse issues arise in custody cases, when Soberlink alcohol monitoring may be warranted which can streamline litigation.
Historically, child custody was a win-lose proposition where one parent was "awarded custody," and one parent was allowed to have "visits" with the children, often every other weekend. Generally, the Courts gave full custody of the children to the mother. This is no longer the approach in the United States.
Over the past 25 years, the approach to child custody in the United States has evolved rapidly. Today, the law recognizes that both parents have the right to spend time with their children and that children benefit from substantial time with both parents. In fact, in many states, the default presumption is that the children should share time with both parents. Additionally, many state laws have moved away from the divisive term “custody” and more toward collaborative wording like “time-sharing” and “parental responsibility.”
The view of alcohol abuse in the United States has also been evolving. Alcohol abuse was once perceived as an individual failure. While some stigma remains today, through science and public education, it has become well-known that substance abuse is a disease, not a moral failing. It is also a common occurrence.
Fortunately, new treatment options to fight the disease have and continue to be developed. Additionally, getting help is less stigmatized than ever before.
In all 50 states, the child's best interest remains the well-known cornerstone consideration in Family Law. The analysis involved in determining these best interests is a balancing test where courts can consider any factors that impact the child's safety, health, development, and overall well-being.
For example, in Florida, Fla. Stat. §61.13 provides a long list of factors that Florida courts may consider when determining what is in the child's best interests. These factors are a guide, not a limitation. They include the reasonable preferences of the child that is mature enough to provide them, the capacity of each parent to care for the child’s developmental needs, and the demonstrated capacity of each parent to create a consistent routine for the child.
Every state evaluates whether substance abuse is a factor in determining what is in the child’s best interests. Some states expressly include it in their statutes as a factor to be considered when making custody decisions. For example, in Florida, the “demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse” is one of the many factors for consideration expressly stated in Fla. Stat. §61.13.
Alcohol abuse is considered at all stages of custody cases. It is considered by courts when determining (a) whether a parent will be provided time-sharing, (b) the amount of time a parent will be given, and (c) whether a custody schedule should be modified.
Historically, evidence of alcohol abuse was primarily based on credibility determinations since it turned on witness testimony. Today, alcohol monitoring can provide a more accurate, reliable picture of a parent's alcohol use or abuse.
Alcohol monitoring may be court-ordered or agreed to by parties in Family Law cases. While in the past, the concerned parent or the Court initiated alcohol monitoring, today, it is increasingly common for the attorney for the accused parent to initiate it as a means of proving sobriety and rebuilding trust.
Family Law practitioners should consider alcohol monitoring as a tool to help balance the recognized benefits of time-sharing with both parents while ensuring the child's best interests remain paramount.
Alcohol monitoring may be warranted in custody cases for the following reasons:
The purpose of alcohol monitoring in a Family Law case is not to punish, and the monitoring system chosen should reflect that. Soberlink is particularly well-suited for alcohol monitoring in Family Law custody cases because it:
Soberlink is committed to continuous improvement, making it a prudent choice for Family Law providers and their clients. Soberlink also teamed up with The National Council of Juvenile and Family Court Judges (NCJFCJ) to create the Soberlink Bench Card, a 4-page guide designed to help judges make safe, fair, and effective decisions for alcohol misuse in child custody cases.
