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Protecting Children in a Divorce Involving Alcohol Abuse

Jeff Domen | April 26, 2022

For some people, the hardest decision they ever have to make is deciding to file for divorce. This question can be even more complicated if the couple has underage children and the other spouse is an alcoholic. A constant concern will be leaving the children alone during visits or times of possession with the spouse who has an alcohol use disorder. How can the situation be monitored to ensure the safety of the children? 

For years, the courts employed an antiquated system of only checking for alcohol consumption several days or weeks after the fact. This focus on the past often left courts without an adequate remedy to protect the children other than supervised possession, which can be costly and detrimental to long-term possession. Fortunately, a new technology called Soberlink now provides an option for safeguarding children when parents with alcohol abuse disorder wish to exercise their possession of the children.

Soberlink has revolutionized the application of family law not because of what it does, but because of how it does it. Beyond just testing for alcohol consumption, Soberlink immediately notifies the other parent if alcohol has been consumed and can also be configured to immediately notify the court.  

Soberlink uses a portable alcohol breath analyzer and breathing tube to determine the blood alcohol content and capture a photograph of the individual blowing into the device. Within 60 seconds, it sends the reading to a centralizing monitoring facility. If positive blood alcohol content (above .02%) is detected, an email and text message is transmitted to the interested parties. This instant notification enables a non-drinking parent to take steps necessary to protect the children.

Although not perfect for every situation, Soberlink offers parents, attorneys, and courts another tool to safeguard the welfare of children during and after a divorce. I personally tested Soberlink over the course of a month to find all the pros and cons on the device and can vouch for its effectiveness.

Divorces that involve alcohol abuse can be especially challenging because the issue persists as long as children are underage. Successfully managing it with Soberlink and other strategies is key to providing for a healthy future. A family attorney who has experience in cases with alcohol abuse can help guide your way forward with knowledge and compassion.

Learn More

If you are contemplating divorce and are concerned about your spouse’s Alcohol abuse and the potential impact on you and your children, please contact Jeff Domen to learn more about the steps you can take to successfully manage the issues related to divorce and alcohol abuse.

Jeff Domen is among the most accomplished family trial lawyers in Texas. As a financial planner for high-level executives prior to his career as a family lawyer, he has deep expertise with complex financial matters, including stock options, pensions, financial issues related to a privately-owned company, business valuation, and separate versus marital assets. Jeff is Board Certified in Family Law by the Texas Board of Legal Specialization and has been recognized as a Top 100 Dallas/Fort Worth Super Lawyer in 2020 by Thomson Reuters. 

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