Introduction

Alcohol consumption has been deeply integrated into the social norm to the point that the misuse or addiction of the substance often goes unnoticed. Alcohol Use Disorder can be defined as “alcohol use that involves problems controlling your drinking, being preoccupied with alcohol or continuing to use alcohol even when it causes problems.” (Mayo Clinic, 2022). When someone becomes addicted to a substance, they begin to value the pleasure they receive from consumption over many other aspects of their lives that would otherwise hold more importance such as family, personal relationships, and even work.

According to the National Institute on Alcohol Abuse and Alcoholism, 14.5 million adults suffer from Alcohol Use Disorder, and 10.5% of children live with a parent whom is uses alcohol. In the past, it has been the case that if a parent is abusing alcohol while the child is in their care, the parent faces immediate punishment and loses their ability to see or care for their child. Instead of harshly punishing a parent suffering from AUD, family law practices and judicial officers handling cases involving AUD should seek routes that can help parents earn healthy lifestyle changes.

Effects of Alcohol Use Disorder

Having an Alcohol Use Disorder can be harmful not only for the person suffering but for those around them as well. This is especially true with a child whose parents have a responsibility to care for them, a responsibility that can be inhibited due to alcohol use. Many courts struggle with giving any custody rights to a parent with AUD due to risks such as driving while impaired, as well as other drunken accidents and behaviors that could potentially harm the child. What many courts do not realize though, is that there may be a path that not only allows the parent to have custody of their child but also helps them work through the issues they have with alcohol, which Sober link is hoping to achieve with their guide of alcohol monitoring practices. Although many may believe removing a parent with an alcohol problem from their child’s life is beneficial, it may do more harm than good. Children who are isolated from one parent struggle with various mental health issues, as does the parent, and it is important to act in a way that does not only help the parent get better with their alcohol use, but also ensure that a child and parent maintain a close relationship if their situation allows for it.

Helping Parents with AUD Using Soberlink

Soberlink strives to help people suffering from AUD by keeping them accountable for their sobriety through an alcohol monitoring system. Soberlink provides a flexible and private system of testing for alcohol misuse via breathalyzer and does not greatly interfere with the time a parent spends with their child. Soberlink has two levels of monitoring a parent's alcohol use:

           Level 1: Parenting Time Only - Under this level, parents are only tested for alcohol use when the child is in their care. This level is flexible with a changing custody schedule and allows both the monitored client and the concerned party to view test results either from the previous day or in real-time.

           Level 2: Daily Testing – This level contains a set daily schedule of specific times when a monitored client must submit testing. Usually, a client will test 2 to 3 times per day, with reminder texts as well as access by the client and concerned party to the client’s results.

Unlike the random lab tests that the court usually gives, Soberlink’s monitoring system allows a client to be monitored closely and frequently, which prevents undetected drinking events. This monitoring system promotes a path that does not put as much stress on the monitored parent, which ultimately benefits the child’s experience in the long run.

How Judges and Practitioners Can Improve in the Future

Soberlink and the National Council of Juvenile and Family Court Judges have created a guide to promote dealing with cases involving AUD more efficiently. The Alcohol Use Disorder Bench Card provides valuable information that can help judges improve their decisions in child custody cases where alcohol misuse is involved. Included are resources to help those involved with the case reach an outcome that supports recovery and family connections. This card contains questions to consider when evaluating these kinds of cases, the risk levels of a parent with AUD, and how that risk relates to what kind of treatment/monitoring is needed. Some questions include:

-         What data or information do you have about the parent’s alcohol use and where did it come from?

-         Is the parent’s alcoholuse objectively problematic?

-         Is alcoholuse occurring during parenting time? If so, is it impairing the parent’sability to care for the child?

-         What is the worst-casescenario with regard to the child’s safety?

Cases involving a person with AUDare difficult to navigate in Family Law, and it is imperative not only toprotect the child but to also help the parent become accountable for theiractions. Previous methods of immediate punishment only abruptly remove a parentfrom their child’s life, which in turn can do more harm to a child than good.Instead, parents deserve a chance to break their bad habits and learn to managetheir problem with alcohol, rather than facing the consequences right away. Themethods provided by Soberlink acknowledge the fact that AUD presents itselfdifferently in everyone, and treatments can vary depending on the patient. Withpractices such as these, parents struggling with alcohol misuse will hopefullyget the opportunity to better themselves and maintain a strong relationshipwith their children.

Sources

https://docs.soberlink.com/2BMCSXlfQDZ?_gl=1*4wp5u2*_ga*MTM0MjI4MDIuMTcyMDUzMzA2Ng..*_ga_9MKP8WM2S6*MTcyMDYzNTkwOC4yLjAuMTcyMDYzNTkwOC42MC4wLjE3NTQ4OTM1NjA.

https://docs.soberlink.com/K1Y5hkk0ocM?_gl=1*1ephbce*_ga*MTM0MjI4MDIuMTcyMDUzMzA2Ng..*_ga_9MKP8WM2S6*MTcyMDYzNTkwOC4yLjAuMTcyMDYzNTkwOC42MC4wLjE3NTQ4OTM1NjA.

https://www.niaaa.nih.gov/publications/brochures-and-fact-sheets/understanding-alcohol-use-disorder

https://www.mayoclinic.org/diseases-conditions/alcohol-use-disorder/symptoms-causes/syc-20369243

Adverse ChildhoodExperiences in Relation to Children of Divorce - The Law Offices ofAshley-Nicole Russell, P.A. (anrlaw.com)

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