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Some divorces are the result of one spouse’s drug or alcohol abuse, and some are the trigger for a spouse to begin abusing drugs or alcohol. In either case, when children are involved, parents are rightfully concerned about protecting their children. How does one do that? Parents do not want to keep children from their other parent, but they also may not want to entrust them to the care of someone who may be under the influence and put them in danger. That is where court orders for SoberLink and random drug testing can work together to protect children by making court compliance part of the parenting plan. At Colorado Divorce Law Group, we may be able to assist you in requesting these court orders, developing a testing schedule, and creating a plan for what to do if the other parent uses drugs or alcohol during their parenting time. Call (720) 593-6442 to schedule your consultation and learn more about monitoring your co-parent’s alcohol or drug use legally and securely. 

Why Is Alcohol and Drug Testing Important in Divorce or Child Custody Cases?

Not every divorce or child custody case requires, or even raises questions about, alcohol or drug testing. However, when one parent has concerns about the other parent’s ability to provide a stable, safe environment for their child due to drug or alcohol use, testing can become vital. An individual can question their co-parent’s drug or alcohol use or find themselves being the one whose use is in question. In some cases, a parent may realize that they are abusing drugs or alcohol, potentially endangering their children, and decide they need to take accountability and get sober before it is too late. In any case, testing can be critical to determine whether the parent’s judgment and ability to care for the child are affected. 

Assess the Relationship With Alcohol and Drugs

Whether someone is asking to monitor the other parent’s alcohol or drug use, or is being asked to or wants to monitor their use, a skilled family law attorney or family court judge will likely attempt to assess the relationship with substances before rushing to demand testing and prove there is or is not an issue. In particular, an attorney will want to proceed cautiously to ensure the insistence on testing does not backfire and create damaging evidence that the other party can use. 

Alcohol Addiction or Overindulgence?

An attorney or judge will ask questions and look for indications that the parent in question may have alcohol use disorder (AUD), or what many refer to as alcoholism, or a mental or chemical dependency on alcohol. The National Institute on Alcohol Abuse and Alcoholism (NIAAA) indicates that those who started drinking before age 15, have a family history of alcohol problems, or mental health conditions, and a history of trauma may be more likely to suffer from AUD. However, someone does not have to have AUD to abuse alcohol. Alcohol abuse, or problem drinking, does not require dependency on alcohol, but does mean the individual drinks enough for it to have negative consequences for them. The difference between AUD and problem drinking is that someone who has AUD will likely require assistance to stop drinking, such as support groups or treatments, such as medication or therapy, while someone who engages in problem drinking may be addressed through lifestyle changes and reducing alcohol intake. Problem drinking can be a precursor to AUD, so it should not be brushed off.

The attorney may ask additional questions to determine whether the parent has a problem with drinking, such as:

• Has the parent in question tried to stop drinking but could not?
• Has that parent spent a lot of time drinking, being sick from drinking, or trying to get over drinking’s aftereffects?
• Has that parent wanted to drink so badly that they could not think of anything else?
• Has that parent found that drinking or being sick from drinking has interfered with their ability to take care of their family and home, perform their job duties, or keep up with school requirements?
• Has that parent cut back or given up on activities they once found important, pleasurable, or interesting, and spent that time drinking instead?

These and other questions will generally concern the individual’s behavior over the last year or so, but they help the attorney or judge understand whether there may be an issue with drinking, how long it has been going on, and how severe it is. Regardless of whose drinking the individual is concerned about, they should be honest when discussing their concerns with the attorney to ensure the issue is taken seriously. Even though these questions may only concern the previous year, if there have been concerns with alcohol in the past, the concerned parent should make sure to mention details such as how often the other parent has struggled with alcohol in the past, specific dates if possible, any record of DUI convictions, and any other information that can help establish the pattern of alcohol abuse. 

The Relationship With Drugs

Similar questions will be asked about drug use. The attorney or judge may ask what drugs are used, how often, and in what amounts. Some parents worry that it will be difficult to convince a court to order drug testing, especially since cannabis is legal in Colorado. However, it is important to remember that Colorado Cannabis still places several restrictions on its use, including that individuals must be 21 years old or older, must keep their cannabis in store packaging that is not see-through, resealable, and child-resistant, and limit the amount of cannabis someone may have in their possession. This means that if the other parent’s cannabis use breaks any of these restrictions or otherwise endangers their children, they can still be ordered not to use it. 

Like alcohol, there may be questions regarding the individual’s drug use over the previous year, but if there have been issues with drug use in the past, details should be provided about those past issues. Additionally, if the concerned parent has used drugs or alcohol in the past, they should consider speaking with their attorney to learn how to address it. The other parent is likely to bring it up in an attempt to deflect attention from their own addictions or to try to get the same testing restrictions placed on the concerned parent. While the concerned parent should not attempt to hide this information, an attorney may be able to offer guidance regarding when to bring it up and how to bring it up in such a way that it does not hurt them. 

Pinpoint Specific Concerns

While one individual may drink more than another, that does not necessarily mean they have an addiction to or problem with alcohol. That is why pinpointing the specific concerns regarding the parent’s alcohol use is essential. Is the issue habitual daily drinking or binge drinking? Is the parent concerned about dangerous behavior endangering the children while the other parent is under the influence? This can also include providing any evidence beyond just the ingestion of alcohol to back up concerns. Driving records indicating a history of driving under the influence, documents showing that the parent has lost jobs due to drinking, or other evidence that shows the parent’s drinking is interfering with their life can be critical to proving to the court that there is cause for concern. 

Pinpointing specific concerns regarding drug use is also important. Parents should address the specific drugs being used, rather than just asking for testing for all drugs. They should also address whether their concerns are about the other parent using drugs during their parenting time or if there are other concerns. For example, the parent may not use drugs during parenting time, but they may use drugs so heavily at other times that they keep losing jobs and are unable to keep a stable home to bring the children to when it is their parenting time. 

Make Testing Meaningful, Rather Than a Tactic

Whether a parent wants random drug testing, remote monitoring such as SoberLink for alcohol, or other options for court compliance with not drinking or using drugs, it is essential that this testing be meaningful, rather than just another tactic that allows a parent to get their way or make life more difficult for the other parent. This means having the background information and evidence to support the claim that alcohol or drugs is problematic for the parent, specific examples of how it is troublesome (binge drinking that leads to blackouts and the children are forced to fend for themselves, for example), and how testing can help to ensure the children’s safety and protect their best interests. 

When Should Alcohol or Drug Testing Be Addressed?

If AUD, alcohol abuse, or drug abuse is a known concern, it should be brought up early to establish a record of concern and to protect the child. Substance testing can be ineffective if it is poorly structured without well-defined testing stipulations and court orders, so the earlier it is addressed, the more quickly and efficiently these stipulations and orders can be put in place. This can help to avoid long delays in establishing a parenting plan that allows the substance-abusing parent to continue having a relationship with the children. According to the American Association for Marriage and Family Therapy, this can be important for the family, even after divorce, as both parents and their children can experience growth that ultimately creates healthy individuals and a healthy family once the parent is sober. 

To create a well-structured alcohol testing process with well-defined stipulations and clear court orders, parents should address three things: timing, frequency, and duration. Addressing these issues includes: 

• Timing: The timing of tests, whether they are random drug tests or remote monitoring for alcohol, is critical. Some cases may only require testing during parenting time, while others may require it throughout the month, whether the parent has the child in their care or not. Additionally, parents would need to consider the timing of drug tests to ensure that the results are received before parenting time, if needed.

• Frequency: Frequency, or how often the parent is required to submit to random drug testing or remote monitoring, is also an important consideration. While remote monitoring for alcohol may be done multiple times per day, random drug testing is often done less frequently. 
• Duration: The duration of random drug testing or remote monitoring for alcohol should also be addressed. Parents should decide whether the testing should continue for a set period and re-evaluated at the end of that period, for a set period and discontinued if sobriety is consistent, indefinitely, or for another duration. 

What Is SoberLink’s Role in Alcohol Testing and Court Compliance?

When a parent is concerned about their co-parent’s alcohol use, there are several testing options. Random or scheduled urinalysis can detect alcohol use within the last few days or weeks, while random or scheduled hair follicle tests can detect alcohol use over more extended periods. Remote monitoring offers real-time results using the breath to determine if the parent has been drinking within hours. Aside from real-time results, remote monitoring provides several other benefits that make it a beneficial option for ensuring court compliance with alcohol testing. 

Some of SoberLink’s features that make it a proven choice in many Colorado courts, as well as around the United States and Canada, include: 

• Court-Admissible Technology: Both the device itself and the reports it generates for test results are court-admissible. This benefits both parties, allowing a parent to protect their child from a parent who is still abusing alcohol while also ensuring that a parent who is now sober can easily prove that to the court and maintain a relationship with their children. 

• Customized Testing Schedules: For a parent trying to get sober, work, maintain a home, and spend time with their children, it is not always convenient to drop everything and test at a specific time. That is why SoberLink offers customized testing schedules, allowing the people involved to determine the best times that suit their needs. Additionally, the device provides testing windows, allowing the parent to submit their test during a two-hour window around the chosen testing time, so they have time if they are in a meeting, at a doctor’s appointment, or otherwise unable to break away and test at precisely the appointed time. 

• Easily Documented Test Results: Other testing options require waiting for a lab report to come back and, in some cases, requesting and picking up those results. SoberLink provides easily documented test results by wirelessly transmitting them via text or email to the other parent (the Concerned Party).

• Adaptive Facial Recognition: When alcohol use has eroded trust, a parent may not trust that their co-parent will not try to trick the device by having someone else blow into it. SoberLink’s device, which comes with adaptive facial recognition and multiple sensors to prevent tampering, ensures that the individual who should be testing is the one who is testing.

• Easy-to-Understand Reporting: Test results can be displayed in a calendar layout, making it easy to visualize how long the testing individual has been sober. Additionally, the reports provide data in an easy-to-understand format, allowing parents and attorneys to find the information they seek and confirm sobriety easily. 

• Simple, Quick, and Easy Testing: Testing is simple, quick, and easy. The device requires only a few seconds of blowing into the device and one minute to wait for the results. There are no drives to a facility to provide hair or urine samples, and no waiting in a waiting room to take up time. 

• Monitoring Agreements: When parents are making court compliance with alcohol testing part of a parenting plan, an explicit monitoring agreement is necessary. SoberLink’s agreement includes details about who is being monitored, who has access to test results, who is paying for the testing, the testing schedule, and a requirement for mutual consent to any changes. Colorado Divorce Law Group’s child custody attorneys may assist parents with working out the details of their monitoring agreement.
• Affordable Consistent Pricing: Unlike random testing, which may be an inconvenient surprise financially, this device offers affordable, consistent pricing. The monitored individual typically pays for the device, then a monthly fee for its use. They also provide a family assistance program to make the cost even more affordable for families in need. 

How Remote Monitoring May Be More Effective Than Random Drug Testing for Court Compliance

Alcohol abuse is a leading cause of divorce, and alcohol is the most commonly abused substance. However, often both drugs and alcohol affect the same parts of the brain. This means that if an individual can successfully abstain from using one, they may also be more successful at abstaining from the other. Remote monitoring of alcohol use can provide benefits that may assist a parent in getting and staying sober while also bringing peace of mind to a concerned parent. 

Consistent Testing Encourages Sobriety

Random drug testing, by design, comes as a surprise to the individual being tested. This does not necessarily encourage sobriety, but instead encourages attempts to “beat” the test by diluting their urine, getting urine from someone who does not use drugs, or adulterating the urine with chemicals. They may also engage in tactics such as trying to delay the test until the drugs are flushed from their system or using detoxification systems, methods, or products that may be harmful. 

Instead, remote monitoring can encourage sobriety. SoberLink’s consistent testing, whether done daily or only during parenting time, combined with the facial recognition technology and tamper-proof design of the device, encourages the monitored parent to remain sober because they know they cannot “beat” the device. 

Real-Time Results Offers Real-Time Protection

While random drug testing can provide the evidence a concerned parent needs to prove the other parent is using drugs or alcohol, these results are rarely immediate. Additionally, depending on the type of testing done (urine, hair follicle, blood, saliva, sweat, or breath), any detected use may have been within the last few hours to several months ago. Depending on the type of testing done, this gives the monitored parent a chance to argue that they did not recently use the substance or did not use it while the children were in their care. 

With remote monitoring, testing can be done quickly and easily, even during parenting time. This allows the concerned parent to not only have the peace of mind of seeing accurate, immediate test results, but also allows them to take steps to protect their children in the event of a positive result. Parents should consider discussing what steps they can take with an attorney to ensure they act legally and within the restrictions of their court order.

Voluntary Participation Can Show Commitment

For many divorcing couples, when substance abuse has played a role in their marriage, trust has been significantly eroded. The parent who does not abuse substances may fear leaving their children alone with the parent who does, while the parent who abuses substances may have realized that they need to address their substance use. When this is the case, voluntary participation in a remote monitoring program like SoberLink may help prove the parent’s dedication to their children’s well-being, as well as their commitment to sobriety. Remote monitoring also provides accountability, all of which may be as compelling to the concerned parent and the court as court compliance. 

How a Colorado Family Law Attorney May Assist You

Whether alcohol or drug use is the result of substance abuse disorder or simply a parent overindulging, children deserve a safe, stable environment, and parents deserve to be able to trust that their children are safe when they are with the other parent. Both random testing and remote monitoring offer the peace of mind and court compliance parents seek. SoberLink goes above and beyond to ensure that a parent’s sobriety is proven and encouraged. At Colorado Divorce Law Group, we may be able to assist you in determining whether there is a need for alcohol or drug testing, which method is most suited to your circumstances, and drawing up a monitoring agreement for remote monitoring. Call (720) 593-6442 to schedule a consultation and discuss your concerns and needs.