Concerns about alcohol use are common in custody cases, but it is not always clear whether there is an actual problem.
In some cases, there is objective evidence of alcohol misuse. In others, concerns are based largely on one parent’s observations, which may or may not be evidence of an actual issue.
When alcohol use may be an issue, involving the right experts early can help determine whether concerns are well-founded and, if so, what measures may be appropriate to promote both the children’s well-being and the parent’s recovery.
Your Attorney Needs the Facts from the Start
Whether it is to voice concerns regarding the other parent, or to share concerns regarding potential issues impacting yourself, the earlier those conversations happen with your lawyer, the better.
Giving your attorney time to engage with the right professionals early on in a case can be the difference between a swift and well-reasoned resolution and a protracted, costly litigation.
Evaluating concerns at the beginning of a case allows genuine concerns to be addressed while the case moves forward. Concerns voiced too late may disrupt potential progress in settlement, appear disingenuous, or be brought up too late to be properly addressed in litigation.
Evaluating the Concern
When it comes to custody cases involving concerns related to alcohol, the first step is to answer: Is there an actual issue?
There may be a clear incident that has happened, such as a DUI, or a parent may have a self-admitted alcohol use disorder and be in ongoing treatment. In such instances, the question may be answered without further evaluation.
But other times, there may simply be accusations by one parent against the other. In cases involving accusations surrounding alcohol, without other evidence or admission, an immediate evaluation with an expert is the first step to understand if that person meets the criteria for an alcohol use disorder. If the criteria are not met, then the expert can put the concern to rest.
If the criteria for an actual alcohol use disorder are satisfied, then the goal from our perspective is to craft a resolution that best:
- Promotes the safety of children
- Protects the sobriety/recovery process for the parent with the alcohol use disorder based on where they are in that process
What that looks like is different for every family, depending on where the parent with the alcohol use disorder is in their treatment, sobriety, and/or recovery, and what the potential safety concerns or impacts may be to the children.
Find the Best Experts for Your Situation
Employing experts to understand the intersection of the actual concerns, diagnosis, treatment, and best practices for children is critical.
Experts can work with an individual parent or family to determine what is appropriate in each individual case. We have used experts in our cases to recommend and monitor:
- Specific testing schedules
- Reporting procedures
- Necessary or time-bound changes to testing protocols
- When testing protocols should end
- Tools to investigate changes in concerns while promoting agency for the parent in recovery
- Processes to temporarily adjust custody (if necessary) for real safety concerns
- Pathways back to normalized access with parents if an issue arises in the future to prevent the weaponization of potential alcohol concerns against a parent in recovery.
These recommendations can be the basis for both settlement negotiations and agreements, and often make the difference in whether a settlement agreement can be reached where both parties feel their concerns are addressed.
Mary Likos is a divorce attorney who represents clients in child custody, child support, alimony, and complex financial matters. For more information, contact Mary at mrlikos@lerchearly.com.
