Introduction: The Evolution of Technology in Family Law
Over the years, the family law court has seen significant advancements in technology, making it easier to prove critical issues like sobriety from alcoholism. Today, parents involved in custody disputes have access to portable, convenient tools like Soberlink that provide undeniable proof of sobriety. With insights from family law attorney Christa Adkins from Melone Hatley, P.C., we explore how these tools can be effectively utilized in custody cases. Christa Adkins and her firm are renowned for their expertise in family law, particularly in leveraging technology to ensure the best outcomes for their clients. By understanding the role of technology, we can better appreciate how tools like Soberlink are transforming custody disputes involving alcoholism.
Technology Before Portable Breathalyzers
Lab tests, supervised parenting, and ignition interlocks were some of the earlier methods used to monitor alcohol consumption in family court cases. Lab tests, while accurate, often involved delays in obtaining results and required invasive procedures like blood or urine samples. Supervised parenting required constant oversight, which was not only costly but also intrusive to family life. Ignition interlocks, designed to prevent intoxicated driving, were limited to monitoring alcohol use only while in a vehicle, failing to provide a comprehensive view of a parent's sobriety. In contrast, portable breathalyzers offer real-time results, are non-invasive, and can be used at any time and place, making them a superior choice for family court applications.
Portable Breathalyzer Technology in Family Court
Portable breathalyzer technology revolutionized alcohol testing in family law settings. “Courts rely heavily on the results of portable breathalyzers when making custody determinations,” explains Adkins. The Soberlink system, for example, is designed specifically for family law and addiction recovery, providing a reliable and consistent means to monitor sobriety. The technology quickly gained acceptance due to its ability to offer real-time results and its user-friendly, non-invasive nature.
With its robust tamper-detection features, Soberlink’s introduction marked a significant advancement in how courts could monitor and ensure a parent's sobriety, leading to more informed custody decisions. “Because portable breathalyzer programs have a growing presence in family law cases,” Adkins continues, “the courts, attorneys and guardian ad litems alike are relying more and more on these trusted methods.”
Legal Advantages of Portable Breathalyzers in Family Court
Portable breathalyzers like Soberlink are court-admissible, providing concrete evidence of sobriety that is respected and trusted by family courts. This evidence can demonstrate a parent's commitment to sobriety and accountability, which is crucial in custody disputes. “The legal advantages parents can gain by using a portable breathalyzer to monitor their alcohol consumption in custody disputes is that it shows the court a parent's willingness to cooperate with a program of accountability,” explains Adkins. “With a child's best interest as to the backdrop to such cases, courts can appreciate and respect parents who are willing to submit themselves to monitoring.”
The reliability and accuracy of portable breathalyzers, combined with their ease of use, make it a valuable tool for parents seeking to maintain or regain custody. By voluntarily participating in a monitoring program like Soberlink, parents can show the court their dedication to their child's well-being and safety. “Further, courts are far less likely to remove a child from a parent who is using a portable breathalyzer as a means of transparency and accountability, than from a parent who is unwilling to adhere to such a monitoring program,” continues Adkins.
Reasons for Proving Alcoholism in Divorce
There are several reasons why a parent may need to prove or disprove alcoholism in divorce. “First, if a parent legitimately has a drinking problem, or has had past issues with drinking,” says Adkins, it’s important to provide “concrete evidence of sobriety and fitness for custody.”
Proving sobriety is crucial to keep children safe and to help a parent maintain a relationship with their child, even with a history of addiction. Demonstrating sustained sobriety can reassure the court of a parent's fitness for custody and help protect the child from potential harm associated with alcohol abuse.
In cases where a parent has a history of excessive drinking, providing concrete evidence of current sobriety can significantly impact custody decisions. Moreover, showing a commitment to sobriety through consistent monitoring can help rebuild trust and maintain the parent-child relationship.
“In a recent case of mine in which I represented the husband,” shares Adkins, “the wife had copious evidence of the husband's excessive drinking throughout the marriage and in front of the children. The wife used the evidence to obtain a court order for the husband to have only supervised visitation with the children. However, through the use of Soberlink, the husband was able to go back to court and have the order amended to provide him unsupervised visitation with the children, provided he use the Soberlink device.”
“Secondly,” continues Adkins, proof of sobriety “can be utilized to rebut false allegations of alcohol abuse. Not surprisingly, false allegations consistently arise in heated custody battles.”
False allegations of alcohol abuse can severely damage a parent's reputation and influence custody decisions negatively. In heated custody battles, these allegations can be a tactic used to gain an advantage. Proving sobriety through consistent and reliable methods, such as using portable breathalyzer technology, is crucial to refute these claims. By providing clear, documented evidence of sobriety, a parent can demonstrate their commitment to responsible parenting and counteract any false accusations made by the other party. Portable breathalyzer technologies like Soberlink are a “great way for an innocent parent to prove the falsity of a malicious parent's allegations.”
What to Look for in a Portable Breathalyzer for Alcohol Testing
When choosing a portable breathalyzer technology for family court, it’s very important that the technology includes “fail-safe measures,” such as tamper detection. Adkins explains the importance of a technology that includes a way to “ensure the person taking the breathalyzer is indeed the target parent for the testing,” such as facial recognition. She continues, “this adds a layer of assurance of the reliability and accuracy of the testing.”
The importance of facial recognition and tamper detection technology in a portable breathalyzer cannot be overstated. Soberlink stands out as the only device combining these features, along with real-time results. Facial recognition ensures that the person taking the test is the intended individual, while tamper detection prevents any interference with the testing process. These features provide an additional layer of security and reliability, which is critical for court-admissible evidence.“Soberlink can be set up for the results to be immediately sent to the other parent,” demonstrates Adkins, “or to the attorneys, or whoever else is selected as an immediate recipient of the test results.” Soberlink’s immediate result reporting capabilities ensure that test results are promptly available to all relevant parties, enhancing transparency and accountability.
“The testing gives the court the necessary assurance that a parent is no longer drinking and that the child or children are safe to be in that parent's care,” says Adkins. “ Remember, the court's primary consideration is always the child's best interest.”
Proper Set up of Portable Breathalyzer Technology for Family Court
There are two ways technology like Soberlink can be used: upon court order or voluntarily. Voluntary use can be initiated through an attorney or independently by the client. For more complicated divorces, Adkins recommends consulting with an attorney. “A parent who wants to properly incorporate a portable breathalyzer into their custody case effectively should first consult with an experienced family law attorney who has experience with Soberlink,” explains Adkins. “Whether for the purpose of demonstrating sustained sobriety or to refute false allegations of drinking made by an opposing party, an experienced family law attorney can put this plan into action and effectively incorporate it into your custody case successfully.”
An attorney experienced with Soberlink can help integrate the technology effectively into the custody case, ensuring that the monitoring program is properly set up and adhered to. This approach can be beneficial for demonstrating sustained sobriety or refuting false allegations of drinking.
For those who cannot get an attorney or wish to start the process independently, Soberlink offers official Monitoring Agreements and support to help set up and manage the monitoring program. “Parents using portable breathalyzer devices should be cautious to read all instructions thoroughly,” warns Adkins. “Following the steps for proper testing is important.”
Reports and Documentation from Portable Breathalyzers
Soberlink’s reporting, known as Advanced Reporting, is court-admissible, featuring automatic confirmation through facial recognition and tamper detection. This eliminates the need for manual review and ensures the integrity of the testing process. The comprehensive reports generated by Soberlink provide detailed documentation of sobriety, which can be critical in custody hearings. Adkins recommends that clients “consult with an experienced family law attorney who will know what documents are necessary to ensure the evidence of the testing is properly admitted into evidence during any custody hearing.”
Conclusion
Choosing the right technology and legal team is crucial when it comes to proving alcoholism in divorce. Adkins emphasizes the importance of having a superior legal team to navigate complicated evidentiary rules and ensure that proper legal documentation is obtained.
According to Adkins, “the most important advice to any parent who is considering a portable breathalyzer to maintain custody is to have a superior legal team behind you.” She continues, “navigating complicated evidentiary rules alone can be fatal to your case. Obtaining the proper legal documentation and presenting evidence can be a complicated endeavor for any litigant.” Because of this, having a strong legal team or a portable breathalyzer with the necessary Monitoring Agreements, testing protocol, and court-admissible evidence are crucial for proving alcoholism in divorce.