This Week’s Blog by Christopher J. DeMattie
- The Court has the authority to order a parent to submit to alcohol testing as a condition of exercising parenting time with a minor child
- The alcohol testing protocol can be designed for the purpose of determining whether a parent is abstaining from alcohol, to protect the child, or both. The frequency and duration of the testing can vary depending on the purpose of the protocol
- There are numerous devices available, including the SCRAM Bracelet, Soberlink, Urine Testing, and Intoxalock
At Broder & Orland LLC, we handle many cases where a parent either has issues with alcohol or where there are allegations of alcohol abuse. When alcohol issues are present, it can impact all aspects of a divorce case, but this article will focus on how it impacts custody and parenting time.
C.G.S. § 46b-56(i) states: “As part of a decision concerning custody or visitation, the court may order either parent or both of the parents and any child of such parents to participate in counseling and drug or alcohol screening, provided such participation is in the best interests of the child.”
If alcohol testing is ordered, and the purpose is to determine whether a parent is abstaining from alcohol, the testing will be frequent and often redundant. For example, a Court can order a parent to completely abstain from any use of alcohol and comply with a protocol established by an expert in alcohol testing to ensure full compliance with the abstinence order as nearly as possible. Some examples of alcohol testing devices and protocols are as follows:
This device is worn 24/7 and tests automatically every 30 minutes to measure for alcohol consumption by sampling perspiration. The positive of a SCRAM Bracelet is that testing occurs automatically around the clock. A negative is that the results are not transmitted in real-time, so if a parent is with a child and consuming alcohol while wearing a SCRAM Bracelet, the other parent will not know until the following day, at the earliest. Therefore, it is not an effective tool to protect a child.
This is a handheld device that measures a person’s breath-alcohol concentration. To ensure compliance, the device takes a picture of the person blowing into the breathalyzer—along with his or her GPS location—and then transmits that data to anyone authorized to receive the data, including the other parent. The tests may be scheduled every day at set intervals, for example 7:00 a.m., 12:00 p.m., 5:00 p.m., and 10:00 p.m., or be scheduled randomly between the hours of 6:00 a.m. and 10:00 p.m. Alternatively, the tests may be scheduled to occur only before, during, and after parenting time. The positive of Soberlink is the results are transmitted in real-time, so a positive or missed test can be addressed immediately. The negative is there are gaps in the testing, so a person can drink a beer at 12:01 p.m. and likely test negative at 5:00 p.m.
One way to potentially eliminate the testing gap is to schedule random weekly urine tests, which would include EtG and EtS panels. EtG and EtS are direct metabolites of alcohol, and the presence of the same in urine is an indicator that alcohol was consumed within the past 80 hours. The negative of random urine testing is that it is costly.
This is an ignition interlock device which requires a person to submit to a breathalyzer test in his or her motor vehicle prior to and while driving. The latter is to ensure the driver does not consume alcohol after passing the initial test. If alcohol is detected, the motor vehicle will not start, or if in motion, will shut down. Intoxalock may include facial recognition software so that a parent cannot have a sober person pass the test for him or her. In addition, if a parent has a Soberlink device, he or she can submit to a Soberlink test prior to driving, so the other parent knows the driver has not consumed alcohol.
Broder & Orland LLC, with offices in Westport and Greenwich, Connecticut, concentrates specifically in the areas of family law, matrimonial law, and divorce. We have vast experience representing parents who have alcohol issues, as well as parents who are married to or who have been married to individuals with such issues. Based on that experience, our attorneys know how to properly draft an alcohol testing protocol to detect abstinence, protect a child, or to establish evidence sufficient to refute any false claims of alcohol consumption.