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Alcohol and Child Custody: Protecting Your Child’s Safety With an Alcoholic Co-Parent

Lindsey Obenhaus | May 30, 2024

Navigating a child custody case is a difficult process for most parents. When a parent is an alcoholic, though, the issues are far more complicated. Data collected by the National Institute on Alcohol Abuse and Alcoholism shows that 11.2% of American adults have an alcohol use disorder. The greatest concern for children in custody cases is that an alcoholic parent cannot provide a safe environment and/or is not honest when it comes to their drinking habits.

For parents who need to protect their children from the risks of alcohol abuse by the other parent, they first must know how to prove alcoholism in custody cases. Then, they should consider incorporating alcohol testing into their child custody plan to help ensure their child’s safety.

How to Prove Alcoholism in Custody Cases

Three of the most common ways to prove alcoholism in a divorce and child custody case are witness testimony, EtG testing, and PEth testing.

Witness Testimony and Photographic Evidence

In many cases, a parent may be able to use witness testimony or photographs to substantiate alcohol abuse claims. When determining how to prove alcoholism in divorce or custody cases, the best witnesses may be media evidence depicting the following acts, or testimony by third parties who have observed the other parent:

• Drinking excessively in the presence of the child
• Admitting to a drinking problem
• Engaging in dangerous behaviors (like driving) while intoxicated
• Becoming angry or abusive while intoxicated
• Falling asleep while intoxicated

This is not an exhaustive list and depends on the facts of each case related to custody with an alcoholic parent. In some alcohol and child custody cases, a parent should consider hiring a private investigator to track the addicted parent’s whereabouts and drinking habits.

The EtG Test

Alcohol testing in child custody cases can be an effective way of proving that one parent has an alcohol problem. EtG tests are helpful laboratory tests that show chronic or binge drinking by a parent. Generally, if a parent’s EtG test comes back positive, it indicates that they either had several drinks in a brief span or drank alcohol frequently over the period detected by the test. EtG is a metabolite of alcohol that is found in urine, hair, and nails. The testing window varies depending on the level of alcohol consumed. High consumption of alcohol will result in a longer period of detection. In urine, EtG tests can detect chronic consumption for up to three to five days. In hair and nails, the window of detection is approximately three months.

EtG tests are ideal for zero-tolerance and abstinence situations. These tests are excellent at showing that a parent consumed a high level of alcohol during the testing window. But an EtG test alone cannot establish that a parent consumed alcohol irresponsibly or while the children were present.

The PEth Test

PEth tests are a fast and precise way to test for alcohol consumption by a parent. PEth is a direct alcohol biomarker that can be detected in person’s blood. As a consequence, the results cannot be altered. The window of detection of alcohol for a PEth test is up to two to three weeks. Like EtG tests, they are only able to detect chronic alcohol abuse or binge drinking.

Alcohol Monitoring and Testing in Child Custody Cases

To protect a child from the risks posed by custody with an alcoholic parent, it is possible to monitor the other parent’s alcohol levels strategically during a child custody case. Alcohol monitoring will detect if the addicted parent is intoxicated or consuming alcohol when a child is present.

In some cases, parents can take EtG and PEth tests periodically to verify their sobriety throughout the testing window. But this is not sufficient in every situation; in cases with heavy drinkers or active alcoholics, the court may request a more frequent alcohol monitor at a custody hearing, like Soberlink. Soberlink monitors a person’s blood alcohol content (BAC) using a wireless breathalyzer. In cases related to child custody, the alcoholic parent’s results can immediately be sent to the other parent and attorneys. As a result, it is a convenient, reliable way to measure sobriety. An alcoholic parent should take a Soberlink test at frequent intervals during their custody periods to reduce the risk that alcohol is consumed between tests without detection. If a test is positive for the presence of alcohol, then the other parent can quickly retrieve the child or take other protective measures.

Addiction is a complex issue in child custody cases. But with some diligence and strategy by the protective parent, it is possible to establish a safe and happy co-parenting environment for your children.

If you would like more information about addiction or alcoholism in child custody cases, please contact Lindsey Obenhaus at 214-373-7676.

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