Using Soberlink in Family Law Cases

ByThy-An Tran & Soberlink

Issues of alcohol abuse in a divorce or custody case can force an all-or-nothing decision between restricting parenting time or risking unverified sobriety. Soberlink is a balanced alternative that promotes safety, accountability, and continued parent and child relationships.

What to Know About Soberlink?

Soberlink is a high-tech, remote breathalyzer system widely used in family law. The goal is simple but critical: to make sure a parent is sober during parenting time.

Unlike a typical breathalyzer, Soberlink is designed for everyday life and ongoing monitoring, not just one-time tests. It combines alcohol testing, facial recognition, and automatic reporting so that everyone has clear, objective information.

How Soberlink Works

At scheduled times during the day, the monitored parent:

Soberlink Device
  1. Blows into the device: Soberlink measures their blood alcohol concentration.
  2. Verifies identity: Built-in facial recognition confirms the right person is taking the test.
  3. Uploads results: Results are sent automatically to the cloud and then shared in real time.

Each case includes at least one “concerned party,” typically:

  • The other parent
  • An attorney or mediator
  • A guardian ad litem

This person (or team) receives the results and can take action if there’s a positive or missed test. The concerned party requirement is key, it ensures someone is always on the receiving end of the data, rather than relying on self-reporting.

Can Soberlink Be Tricked?

Soberlink is designed to be difficult to manipulate. It addresses common ways people might try to cheat:

  • Someone else testing for them: Facial recognition helps ensure only the correct person is recorded.
  • Using air pumps or similar devices: Built-in tamper detection sensors flag suspicious activity.
  • Claiming to have tested without proof: Automatic reporting means there is a verifiable record of every test or missed test.

Two Levels of Monitoring

Soberlink offers two main monitoring structures to fit different situations.

Level 1 is designed for cases where the concern is drinking around the children, not necessarily all-day drinking.

  • Tests are scheduled around parenting time: before pickup, during visits, and/or after.
  • Extra tests can be added if schedules change or concerns arise (on-demand testing).

Level 2 is for higher-risk situations where full abstinence is required.

  • Typically involves three tests per day: morning, midday, and evening.
  • The gaps between tests are kept short enough that someone with a true alcohol use disorder can’t regularly drink between tests without detection.

Safety: Physical and Emotional

Without tools like Soberlink, courts can feel forced into extremes: completely removing a parent from a child’s life or restricting them to supervised visits. That can be damaging, especially if the parent is trying to recover or if the allegations are exaggerated or false.

Using Soberlink means that a child can maintain a relationship with a parent while the other parent and the court have objective proof that the parent is sober during parenting time. This can reduce fear, conflict, and the pressure on children to report on a parent’s behavior.

Voluntary and Court-Ordered Use

Soberlink can be voluntarily agreed to by the parents or ordered by the court as part of a parenting plan. Voluntary participation often lowers conflict. A parent who chooses to use Soberlink can demonstrate their seriousness about sobriety and rebuilding trust.

A Practical Tool for Difficult Cases

Alcohol allegations can stall a case, inflame conflict, and put children in the middle. Soberlink brings in a neutral, data-driven tool that:

  • Protects children’s physical and emotional safety
  • Helps preserve important parent & child relationships
  • Reduces “he said, she said” arguments
  • Supports parents who are genuinely working toward recovery

Frequently Asked Questions

1. Is Soberlink trusted for use in family court?
Yes. Results go to the designated “concerned parties” (like the other parent or attorneys), who can then share them with the court if needed.

2. Will using Soberlink automatically change parenting time?
No. Soberlink only provides data. Judges, mediators, and the parties decide if parenting time should be increased, reduced, or kept the same.

3. Is Soberlink meant to punish a parent?
No. It is designed to promote safety and accountability, help parents to show they are sober, and support ongoing relationships with their children.

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