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Understanding Soberlink and Its Use in Child Custody Cases

Posted by Michael Geller | Jan 01, 2024 | 0 Comments

Child custody battles can be some of the most challenging and emotional aspects of a divorce. When issues of substance abuse are involved, these cases become even more complex. One tool that has proven to be invaluable in such scenarios is Soberlink. This device and its accompanying technology provide a reliable way to monitor sobriety, ensuring the best interests of the children are prioritized.

What is Soberlink?

Soberlink is an advanced, portable breathalyzer system that allows for real-time monitoring of a person's alcohol consumption. It uses a combination of facial recognition, tamper-resistant technology, and wireless connectivity to ensure that the individual being tested is the one providing the breath sample and that the results are sent instantly to concerned parties. This system is particularly useful in child custody cases where one parent may have a history of alcohol abuse.

How Does Soberlink Work?

The Soberlink device requires the user to submit breath samples at predetermined times. The device's facial recognition software verifies the identity of the person taking the test, preventing tampering or substitution. Once the test is taken, the results are sent via a secure network to the assigned monitoring party, which can include the other parent, attorneys, or a court-appointed supervisor. This instantaneous reporting ensures transparency and accountability.

The Role of Soberlink in Child Custody Cases

  1. Ensuring Child Safety: The primary concern in any custody case is the safety and well-being of the children involved. If one parent has a history of alcohol abuse, Soberlink provides a way to monitor their sobriety effectively. This reassurance allows the children to maintain a relationship with that parent without compromising their safety.

  2. Building Trust: For the parent who struggles with alcohol, demonstrating a commitment to sobriety can be critical in rebuilding trust. Consistently clear tests from Soberlink can serve as evidence of their dedication to staying sober, which can positively influence custody decisions and facilitate more liberal visitation rights.

  3. Reducing Conflict: Custody disputes often involve significant conflict and distrust. By providing an objective method of monitoring alcohol consumption, Soberlink can reduce accusations and suspicions. This objectivity can lead to more amicable co-parenting arrangements and reduce the emotional strain on both parents and children.

  4. Legal Evidence: In contentious custody battles, having concrete evidence can be crucial. Soberlink's detailed reports and real-time data can be used in court to support claims about a parent's sobriety. This evidence can be persuasive in custody hearings, helping judges make informed decisions based on factual data.

Implementing Soberlink in Custody Agreements

To incorporate Soberlink into a custody agreement, both parties typically need to agree on its use, or it must be mandated by the court. An attorney can help draft a stipulation that outlines the terms of use, including testing schedules, reporting protocols, and consequences for failed tests. It is essential to ensure that these terms are clear and enforceable to avoid any ambiguity or disputes later on.


Soberlink is a powerful tool that can help ensure the safety and well-being of children in custody cases involving alcohol abuse. By providing real-time monitoring and reliable data, it helps build trust, reduce conflict, and offer concrete evidence in legal proceedings. For parents committed to maintaining their sobriety and for the courts tasked with making the best decisions for children, Soberlink offers a practical and effective solution. Advocating for the use of such technology can make a significant difference in the lives of families navigating the challenging terrain of child custody.

About the Author

Michael Geller

Michael Geller is an attorney licensed by the State Bar of California.


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