Alcohol use is a common factor in custody disputes. While not all cases involve a parent with an Alcohol Use Disorder, many require the court to consider whether alcohol could affect a parent's ability to provide safe, consistent care for their child. When this concern arises, attorneys and judges often recommend a sobriety clause in the parenting plan. This allows the parent-child relationship to continue without requiring immediate limitations on visitation.
To assist you, we've provided three downloadable documents (Editable Word Docs):
Each version is structured to reflect the legal and monitoring needs commonly accepted in family court.
At its core, a sobriety clause protects the child’s well-being and gives the parent an opportunity to maintain involvement. Courts always prioritize the best interests of the child. This usually includes supporting a relationship with both parents. When alcohol use becomes a concern, courts often introduce specific measures to ensure safety during visitation.
One attorney who regularly helps parents and courts navigate these situations is Rob McAngus, Partner at Mueller Family Law Group. His experience handling alcohol-related custody cases helps explain the need for sobriety clauses and the technology that enforces them.
"Most courts do not seem to mind if a parent wants to use or abuse alcohol on their own time, because they are only concerned about the child’s safety and well-being," McAngus explains. "However, if a parent is struggling with alcohol use, it is almost impossible for them to 'turn it off' for a weekend. The alcohol use can eventually spill over into the parenting time, and that is when a court will intervene to put in some safety measures."
Sobriety clauses can be introduced early in a case, even before testing is formally required. However, they become much more effective when supported by a remote alcohol monitoring tool like Soberlink. Real-time testing ensures that the clause has a reliable method of verification.
Download sobriety clause outline.jpg)
If you're creating a sobriety clause, whether as a parent or attorney, make sure it includes the following:
Testing Parameters
List:
Roles and Responsibilities
Clarify:
Consequences
Outline what happens in case of missed, refused, or failed tests. These could include:
Sobriety clauses are used in family law to ensure that children are safe and supervised by a sober parent. These clauses:
Without a reliable way to confirm compliance, general statements like "no alcohol before custody" are difficult to enforce. Soberlink offers tools that remove uncertainty. It provides accurate results that can be accessed by both parents and their legal teams.
A well-written sobriety clause includes specific details. It outlines who is tested, when the testing takes place, how often it occurs, and what happens if the results are non-compliant. As McAngus notes:
"There must be very clear language that includes specific parameters, such as start times, specific days, types of tests, and testing locations. The more specific the language, the more enforceable it is if the parent who is abusing alcohol violates the requirements."
Injunctions without monitoring, such as a simple rule to avoid drinking before visits, often fail to hold up in court. Tools like Soberlink provide facial recognition, time-stamped results, and instant alerts, helping ensure compliance.
Some cases rely on lab-based testing such as EtG or PEth tests. These tests, while accurate, can be challenging to administer in time-sensitive custody cases.
"Another challenge arises when using EtG testing or PEth testing. Depending on how long the parent has to go to the testing facility, they might try to cheat the test or find ways to hide their alcohol use," McAngus explains.
These tests also involve delays in result reporting. When a child's safety during scheduled visitation is at stake, delayed test results may be insufficient.
McAngus shared a case that showed how moving from an injunction to Soberlink monitoring helped protect a child.
"Dad swore he was not drinking alcohol, so the court initially put an injunction in place. But Mom had concerns based on what the child was saying. Once we got the court to order Soberlink, Dad blew positive the very first day. He then forfeited his parenting time. It happened again the following week. He blamed the device, got another one, and then had his own father attempt to take the tests for him. Soberlink flagged the identification issue, and when the original device was returned, it was found to be in perfect working condition."
"While Dad is still not addressing his alcohol use, the monitoring has been a game-changer for Mom. She knows that when he has the child, he is not using alcohol."
Sobriety clauses are used in family law to ensure that children are safe and supervised by a sober parent. These clauses:
When used alongside a clear sobriety clause, Soberlink helps courts and families feel confident that parenting time is safe.
Download sobriety clause outlineBook a Lunch and Learn with our team to explore how Soberlink supports family law professionals.
