An alcohol sobriety clause in a custody agreement is a provision designed to ensure that a parent responsible for caring for the child is not under the influence of alcohol. This legal clause typically requires the parent to remain sober during visitation periods and (this is important) may include random or scheduled alcohol testing to monitor compliance.
Download the Sobriety Clause in Custody Agreement Template
Why you should use this legal template
A mandate to remain sober cannot ensure a child’s safety if there is no way to enforce it.
That’s why the sobriety clause template for custody (above ↑) is designed to incorporate our remote alcohol monitoring service, BACtrack View, and outlines everything you need to consider about how a parent’s compliance will be tracked and ensured.
Moreover, if a court-admissible agreement for alcohol monitoring is required, you can modify this template to submit to a judge (with help from a family law attorney, of course).
Two notes:
- This document is not an order form and not required to begin testing with BACtrack View. You can start your free trial here and begin testing immediately.
- You can easily tweak this template for any alcohol testing or monitoring program.
What this template covers
This document addresses three main topics:
- Scheduling. The details around how often a parent will be prompted to take an alcohol test, the nature of the tests (i.e. random, scheduled), and when tests will occur.
- Roles. Which parent must submit alcohol tests? Will the other parent keep track of their alcohol test results – or will somebody else? Who will pay for the alcohol monitoring?
- Procedures. Which steps should be taken when certain incidents arise? (i.e. the parent testing wishes to contest the validity of a test result) What are the consequences for missing a test, or for a positive test result?
How to use this template
1. Set up your visitation schedule.
As with any parenting plan, it’s essential to start by creating a detailed visitation schedule. Clearly outline when each parent will spend time with the child, including specific dates, times, and any conditions for the visits. This helps keep things clear and avoids any mix-ups.
It’s also important to account for any changes that might affect the standard visitation schedule, such as:
- Vacations or other travel plans, both domestic and international
- Holidays and special occasions (i.e. birthdays)
- Emergencies that may arise (medical, family, etc.)
Once you’ve nailed down your schedule, you can use it to begin determining when a parent must be sober.
2. Decide when a parent needs to be sober.
When should a parent demonstrate their sobriety?
As you might expect, a parent’s alcohol testing schedule should be largely based around the visitation schedule… but not necessarily 100%. Really, it depends on the nature of their alcohol addiction. Here’s why:
- If the parent has a history of severe alcohol addiction and struggles to stay sober for long periods, it might be a good idea to do more frequent and random testing outside of visitation times. This helps ensure the parent stays sober even when they’re not with their child.
- On the other hand, if the parent has shown consistent progress in their recovery and has demonstrated long periods of sobriety, then testing only during visitation times may be sufficient.
- Furthermore, it might be important to make sure a parent is sober before they start any visitation – especially before entering a vehicle to pick up the child. Doing a quick sobriety check right before the visit can keep both the parent and child safe.
Random vs. Scheduled Testing
When it comes to alcohol testing, another important thing to indicate in your sobriety clause is whether alcohol tests will be random, scheduled, or a combination of both. Random testing means surprise, unscheduled alcohol tests, while scheduled testing sticks to a set timetable agreed upon in the custody arrangement.
Both methods have their perks. Random testing can catch any slip-ups that might happen outside of the scheduled visitation times. Meanwhile, scheduled testing brings structure and predictability, making it easier for both parents to plan and fit it into their daily routines. Learn more about how to schedule tests with BACtrack View for custody.
Ultimately, the choice should focus on the child’s safety and well-being, while also being fair and reasonable to both parents.
3. Determine the consequences for failing or missing an alcohol test.
There have to be clear consequences and procedures in place when a parent does not adhere to the sobriety clause – whether that’s through missing an alcohol test or for a non-compliant test.
It’s important to know the difference between missing a test – which means not taking it within a specified number minutes of the scheduled time (with BACtrack View, it’s 30 minutes) – and failing or not complying with a test, which can mean:
- Alcohol is detected in the parent’s system
- The test is determined to have been taken by someone who is not the parent
- The parent refuses to submit a photo or (if using BACtrack View) video of them taking the test
First, there’s the procedure to consider, especially if the parent is with their child when a test is missed or deemed non-compliant: What action must immediately be taken?
- Does another parent or adult need to pick up the child immediately?
- Which parties need to be informed (i.e. legal counsel)?
- Should another alcohol test be administered right away?
Then, you need to think about the consequences of missing or failing a test.
- Will the parent’s visitation rights be suspended?
- Does the parent need to attend rehab or counseling?
- Are there any other legal actions that need to be taken?
3. Assign user roles.
Clearly define the roles for everyone involved in the enforcement process. Who will be the Tester, who will be the Monitor, and what other roles are needed (i.e. an Accountability Partner who is kept in the loop about test results)? Who will pay for the alcohol monitoring service? Defining these roles helps keep everything transparent and effective.
4. Get help from a family law attorney.
Last, and certainly not least: Consult with a family law attorney to review and refine the template. Their expertise ensures the sobriety clause meets legal standards and is enforceable.
Custody laws and standards, particularly when it comes to substance abuse, differ from state-to-state, and your attorney will know the in-and-outs of these policies. Furthermore, they can provide personalized advice suited to your family’s unique needs.
Already hired an attorney? Interested in starting with BACtrack View? Send them these resources, crafted specifically for family lawyers:
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