“My Ex Accuses Me Of Drinking Around The Children: How Can I Prove That I Am Not?”

While courts are aware that reasonable alcohol consumption is common and usually not an issue, there are times when one party alleges that the other is drinking heavily around the children, and that it is affecting their safety.

There are several ways for the court to determine what is going on when the two sides cannot agree on this.

First, the court can use direct testimony. If one side has a witness of the other person drinking to excess during visitation times, that can be presented. Or, if one side has a witness who is usually present at visitations and can testify that no alcohol is being consumed, that testimony can also be taken.

Second, the court can appoint minor’s counsel to speak to the children, if they are of an appropriate age. They will often be able to either verify or disprove such allegations with their own observations.

Third, the court can now use new technology called Soberlink. Soberlink is a check in systems with a blood alcohol analyzer. It allows the court to have a person test during visitations to show no drinking. This can be useful to show the court that there is nothing inappropriate going on. It is an intrusion into your life, of course, and costs money, but it can be a very good tool to either ensure your ex isn’t drinking, or prove you aren’t.

One thing to keep in mind is that generally the courts frown on drinking while you are responsible for your children. This is because it can be nearly impossible to distinguish between moderate drinking and drinking to excess. As a cautionary method, judges are likely to simply order no drinking around the children to eliminate possible dangers, such as inattention, and driving while under the influence.

DISCLAIMER: All legal principles quoted are valid as of the date of writing in the State of California. However, you should NEVER base your actions on a legal article, blog, or internet story, as facts in real life are complicated. You should have your case evaluated by an attorney experienced in the area of law needed for your case. In addition, there are often exceptions and potential changes to results that occur due to facts that you may think are trivial or unimportant. This article should not be taken in any way as legal advice on your specific legal matter.
NOTICE: This blog and all materials on our website constitute advertisement materials, and the promulgation of such materials is meant for the residents of the State of California only. The attorneys and this firm do not practice law in any other state. In addition, the promulgation of these articles does not in any way create an attorney-client relationship and any inquiries and information you may send to the attorneys should be general and not specific, as it is not confidential.