By Soberlink, AAML NJ Bronze Sponsor
Perhaps the most emotionally charged area law is the area of matrimonial and family law. Besides the parties confronting the breakup of what once was a romantically inspired partnership, there are often the issues of the equitable distribution of accumulated assets, alimony (also known as spousal support), child support, childcare, custody, and visitation.
The entire family relationship is in play, and it is not always hyperbole to state it is sometimes under attack by the parties, with the attorneys as the designated fighters in the courtroom ring and the judge as (hopefully) an impartial referee.
While the attorney is presumably licensed and experienced in dealing with domestic legal issues, they are often called upon to play the part of de facto therapist in order to understand the emotional drives of the client and how they can impact not only their expectations of the outcome but the reasonability of the positions they wish to take in light of statutory law and current case holdings.
There are times that a client will openly admit that they wish to use financial and custody/visitation issues as a hammer to punish the other spouse. There are also times where the client is not consciously aware that that is what they are doing.
It is the family law attorney who must be cognizant of these emotional issues, to acknowledge them, to explain to the client that the best possible outcomes legally are those where the parties act both reasonably and responsibly in trying to achieve the best possible outcome in accordance with the rules and precedents to which they will be subject.
The attorney is the client’s guide and protector, but, among the list of New Jersey Client Rights:
Clients have the right to make the final decision as to whether, when, and how to settle their cases and as to economic and other positions to be taken with respect to issues in the case.
The experienced practitioner knows that sometimes they have to protect themselves by detailing their advice and instructions in writing to a client, having the client acknowledge the receipt of this advice and instructions, maintaining the decision to ignore or deviate from them.
Equally important are the client’s responsibilities:
Clients shall not take any position in their matter for any improper purpose, such as to delay the proceeding or intentionally to increase the cost to other litigants.
Alcohol Misuse and the Attorney/Client Relationship
When alcohol misuse is involved by either one or both parties, issues can become more difficult to resolve. The attorney must have the experience and the ability to liaison with the requisite addiction professionals and be aware of the tools at their disposal to do justice for both parties, especially keeping in line with the best interests of the child principle.
Alcohol Use Disorder is often weaponized in court, causing a decided conflict between the attorney and opposing counsel. In this instance, family law practitioners should educate clients on systems available to them that can help to empower both parents while maintaining child safety.
Helping Your Client by Ensuring Their Child's Safety in Cases Involving Alcohol Abuse
As it states in New Jersey Children Juvenile and Domestic Relations Courts section 9-2-4(c) regarding the fitness of parents with respect to custodial and visitation awards:
A parent shall not be deemed unfit unless the parents' conduct has a substantial adverse effect on the child.
Unfortunately, over 10% of children live with a parent that misuses alcohol.
In custody and alcohol litigation, many times, a parent will falsely accuse the other parent of substance misuse, and that is where technology can play a major part in proving the contrary and making it more likely that the accused party will be vindicated, resulting in a positive impact for them in a custody or visitation dispute.
As co-parenting often requires a great deal of trust, the attorney representing the party either struggling or accused of alcohol misuse should discuss what technology is available to them to prove their sobriety during parenting time, providing peace of mind to opposing counsel.
A convenient and discreet option is Soberlink, a comprehensive remote alcohol monitoring system that sends real-time results and helps parents improve accountability.
Soberlink consists of a wireless remote breathalyzer that uses facial recognition and tamper detection to ensure the integrity of each test. In addition, its Advanced Reporting capabilities provide simplified analysis of test results and court-admissible reports for streamlined litigation. Soberlink is widely trusted by thousands of family law practitioners across the United States, including in the State of New Jersey.
Soberlink’s unique design allows for swift intervention for improved child safety in co-parenting arrangements and, in many cases, helps make visitations possible—especially unsupervised visitation.
Further, Soberlink can be a tool for managing recovery from alcohol abuse. The system is not just a tool of strategy and tactics in a court proceeding; it offers a way for parents to maintain sobriety so that they can improve their lives and the lives of their children, offering them a safe and stable home environment.
The family lawyer’s role is much more multifaceted than it used to be with respect to establishing client expectations and accomplishing client goals. Today, the family law attorney is the legal advisor, the agent for therapeutic liaison, and the technology-savvy counselor.
