As a successful Santa Barbara divorce attorney, we often encounter situations where one parent's alcohol abuse becomes a significant concern for the safety and well-being of their children. California law prioritizes the best interests of the child in custody and visitation matters. When considering the best interest of a child, the court will also give significant weight to the health, safety and welfare of the child. If you suspect that your child’s other parent is struggling with alcohol abuse and it is affecting their ability to parent, here are some steps you can take:
- Document Everything: Keep a detailed record of any incidents involving alcohol abuse, including dates, times, specific behaviors, and any impact on the children. This documentation can be crucial if you need to present evidence to the court. Include any police reports or records from social services as well.
- Consult with an Attorney: Seeking legal counsel early on is essential. A Certified Family Law Specialist can advise you on the best course of action based on your specific situation and the applicable laws. They will assist in gathering the necessary information and evidence to demonstrate the impact of alcohol abuse on the children.
- Request Supervised Visitation: If you have serious concerns about your child's safety during visits with the other parent, you can request supervised visitation. The court can order that a neutral third party be present during visits to ensure the child's safety. This can be a temporary solution until the other parent takes steps to address the issue.
- Seek a Modification of Custody Orders: If alcohol abuse is consistently impacting the parent's ability to care for the children, you can petition the court to modify existing custody orders. You will need to present evidence that the parent's alcohol abuse is detrimental to the child's best interests.
- Request Alcohol Testing: In some cases, the court may order the parent suspected of alcohol abuse to undergo regular alcohol testing. This can provide evidence of ongoing abuse and help the court determine appropriate custody and visitation arrangements. Soberlink can take the BAC level and a real time photograph of the parent while they are testing and send results to your phone. For even more monitoring, SCRAM systems is a wearable tracker which track BAC day or night.
- Be Prepared for Court: If your case goes to court, be prepared to present your evidence clearly and calmly. Ask for a specific testing schedule that includes, before, during and after visitation. Ask the Court to make an order that if a party fails to take a test, it will be deemed a failed test. Ask the Court to order that any failed test will result in suspension of visitation. Your attorney will guide you through the process of presenting your case effectively.
Disclaimer: This blog post is for informational purposes only and should not be considered legal advice. Every situation is unique, and it’s crucial to consult with a qualified California divorce attorney to discuss your specific circumstances and legal options. If you’re facing concerns about alcohol abuse and child custody in California, please reach out to my office to schedule a consultation. Your child’s safety is paramount, and the legal system offers several tools to protect them.