How to prove alcoholism in custody cases is the question closely related to the question of whether is it possible for a parent consuming alcohol to maintain a strong safe relationship with their child.
In any child custody dispute, the center of the consideration is the child’s health and wellbeing.
How to prove alcoholism in custody cases-DVRO
If an alcoholic became physically and/or emotionally abusive to another parent and/or that child you should file domestic violence restraining order (DVRO). In order to do that you need to be sure sufficient evidence of the abuse and can show that your safety and children’s safety are jeopardized around the abuser.
However, be sure to know that a restraining order or protective order is a public record in California. It would negatively impact another parent in multiple ways. So, it is not a good idea to use domestic violence restraining order for the purpose to get full custody.
Most of the time, one of the parents requests sole custody on the ground that another parent has alcohol abuse. In cases where both parents claiming on each other alcohol abuse and they do not realize that they are at risk to lose custody at all. In order to make such as serious accusation as alcohol abuse, you need sufficient evidence.
How to prove alcoholism in custody cases – Evidence
If the parent has a long alcohol abuse history most likely you will be able to produce records proving a pattern of alcohol abuse. Such a pattern would likely indicate a risk of relapse and repeated abusive behavior. The parent who made allegations might be able to get medical records of excessive drinking, DUI records, court-appointed programs for alcohol treatments.
how to prove alcoholism in custody cases – Lab Detecting
In order to prove or disprove whether the parent has recently consumed alcohol, you can ask the court to order the EtG test.
When someone consumes even small amounts of alcohol, EtG is formed and can be detected as soon as 2 hours – 80 hours after using alcohol.
Alcohol can be detected by a blood test for up to 12 hours or more. There are some other tests that can be used to determine alcohol consumption such as aspartate aminotransferase (AST), gamma-glutamyl transferase (GGT), alanine aminotransferase (ALT) concentrations, ext.
PEth can be useful to detect longer-term exposure (within 2 weeks or longer) and the level of consumption.
How to prove alcoholism in custody cases – Witnesses
Using Witnesses is one of the good tools how to prove alcoholism in custody cases. A third party has witnessed the parent’s drinking patterns and had found such patterns to be risky and excessive. Keep in mind that whatever someone said outside the court is hearsay and may be admissible if the witness agrees to come to the court to testify under oath. You can also subpoena a witness, which means to get an order from the court saying that the witness has to come to court.
How to prove alcoholism in custody cases – to Protect from False Accusations
What had happened when one of the parents is trying to create a prima facia case for DVRO making false allegations in order to get some physical custody.
A parent can be tested to prove that he has not consumed alcohol over a specified period of time. There are numerous tests that could be used including the tests mentioned above. However, the most important point is to show the court that even if you did consume alcohol in a reasonable amount under certain circumstances in social events, it did not affect your ability to behave properly and keep a safe and healthy relationship with your children.
It might be a good idea for you to agree to submit to testing before and/or after parenting time. We have already mentioned some of the tests above. In addition, there is personal alcohol monitoring systems in alliance with new technologies which enable highly accurate, non-invasive monitoring in real-time with wireless connectivity. For example, Soberlink’s alcohol testing device could be used. A party who would like to prove their sobriety should voluntarily agree to monitor because it would create trust and help to prove their parenting capacity.
Unfortunately, in reality, cooperation might not be always possible, especially if the accused is in denying his alcohol misuse.
The court could appoint a counsel for the minor – an attorney who represent children in order to determine what impact/ if any a parent who consume alcohol made on child’s mental condition, If the counsel for a minor would determine that kids have significant memories with father/ mother drinking and fighting between each other than the judge would not make a decision favorable to the drinking parent in child custody determination.
Proving Alcoholism in Child Custody Cases in California
Proving alcoholism in child custody cases is crucial as the court’s primary focus is the child’s health, safety, and well-being. Alcohol abuse by a parent can impact their ability to provide a stable and safe environment for the child. Here’s how to effectively address and prove alcoholism in child custody cases according to California law.
Legal Basis and Considerations
In California, child custody decisions are governed by the principle of the best interests of the child. Courts consider several factors, including each parent’s ability to provide a safe and stable environment. Alcoholism can be a critical factor in these decisions if it affects the parent’s ability to care for the child safely.
Evidence to Prove Alcoholism
To substantiate claims of alcoholism, you need strong evidence. Here are several ways to gather and present evidence in court:
1. Documented History of Alcohol Abuse:
- Medical Records: Obtain records showing a history of alcohol abuse, treatment for alcohol dependence, or related medical conditions.
- Criminal Records: Evidence of DUI convictions, public intoxication, or other alcohol-related offenses.
- Rehabilitation Records: Proof of attendance or completion of alcohol rehabilitation programs.
2. Alcohol Testing:
- EtG Test: The Ethyl Glucuronide (EtG) test can detect alcohol consumption up to 80 hours after use.
- Blood Tests: Blood alcohol concentration (BAC) tests can detect alcohol within 12 hours.
- PEth Test: Phosphatidylethanol (PEth) tests can detect alcohol consumption over a longer period (up to two weeks).
3. Witness Testimonies:
- Third-Party Witnesses: Friends, neighbors, or colleagues who have observed the parent’s drinking behavior.
- Professional Witnesses: Testimonies from doctors, therapists, or counselors who have treated the parent for alcohol-related issues.
Legal Actions and Interventions
1. Filing for a DVRO: If alcohol abuse has led to physical or emotional abuse, you can file for a Domestic Violence Restraining Order (DVRO). This requires presenting evidence of abuse and the risk it poses to you and your children. A DVRO can include provisions for temporary custody arrangements.
2. Custody Evaluations: Request a custody evaluation by a court-appointed expert who can assess the impact of the parent’s alcohol use on the child. The evaluator will interview both parents, the child, and any relevant witnesses, and review pertinent documents before making recommendations to the court.
3. Supervised Visitation: If there are concerns about the parent’s ability to safely care for the child due to alcohol abuse, you can request supervised visitation. This ensures that the parent’s interactions with the child are monitored by a neutral third party.
Proving Sobriety and Defending Against False Accusations
If you are falsely accused of alcoholism, it is crucial to defend yourself effectively:
1. Voluntary Alcohol Testing:
- Agree to periodic alcohol testing before and after visitations to demonstrate sobriety.
- Use personal alcohol monitoring systems like Soberlink, which provide real-time, accurate monitoring of alcohol levels.
2. Character Witnesses:
- Provide testimonies from friends, family, and professionals who can vouch for your sobriety and responsible behavior.
3. Counseling and Support Groups:
- Attend counseling or support groups to show a commitment to maintaining sobriety and improving parenting skills.
Involving Legal and Child Advocacy Professionals
1. Appointing a Minor’s Counsel: In complex cases, the court can appoint a minor’s counsel (an attorney representing the child’s interests). The counsel will investigate the impact of the parent’s alcohol use on the child and make recommendations to the court.
2. Consulting with a Family Law Attorney: Navigating custody disputes involving allegations of alcoholism requires expert legal guidance. An experienced family law attorney can help you gather evidence, file necessary motions, and represent your interests in court.
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