Man struggling with booze and life

Yes, but only the right kind. When a parent has a history of drinking, Kentucky and Tennessee courts may order, or parents may agree to, alcohol monitoring during parenting time. Court-grade remote monitoring systems such as Soberlink use facial recognition, scheduled tests, and automatic reports to both parents, which makes the results credible. A consumer breathalyzer app on a phone usually is not, because it cannot confirm who took the test or when. Monitoring can protect the children and give a parent a way to rebuild trust and parenting time.

How does alcohol monitoring work in a custody case?

A monitoring arrangement is usually written into a court order, a Kentucky settlement agreement, or a Tennessee permanent parenting plan. It typically spells out:

  • When tests happen: for example, before parenting time begins, at set times during it, and at the end
  • Who receives the results: usually both parents, and sometimes their lawyers
  • What counts as a violation: a positive test, a missed test, or a tampered test
  • What happens next: such as rescheduling parenting time, supervised time, or returning to court

Clear rules keep monitoring from becoming its own source of conflict.

What kinds of monitoring are there?

Remote breath testing (such as Soberlink): the parent blows into a device that takes a photo to confirm their identity, and the result goes directly to both parents. Courts and family lawyers commonly use this kind of system because the results are hard to dispute.

Continuous monitoring (such as SCRAM): an ankle bracelet detects alcohol through the skin around the clock. It is usually reserved for more serious concerns.

Lab testing (such as EtG): a urine or hair test that can detect alcohol use over the past several days, rather than just at a single moment.

Consumer breathalyzer apps: inexpensive devices that pair with a phone. They are useful for personal accountability, but a court is unlikely to rely on them because they cannot verify who took the test.

What are the benefits?

  • Protects the children. Testing at the start of and during parenting time addresses the core safety concern.
  • Creates objective evidence. A consistent record of clean tests shows sobriety over time, and a positive or missed test is documented.
  • Rebuilds trust. For the parent with a drinking history, voluntarily agreeing to monitoring shows the court a commitment to responsible parenting, and can support expanded parenting time later.
  • Reduces arguments. Both parents see the same results, instead of arguing about whether someone was drinking.

What are the limitations?

  • Tests show a moment in time. A breath test shows sobriety when it is taken, not in between. That is why the testing schedule matters.
  • False readings can happen. Mouthwash and some medications can cause a positive breath result. Good systems allow a follow-up test to confirm.
  • Cost. Court-grade monitoring involves a device and a monthly fee. The order or agreement should say who pays.
  • It does not replace treatment. Monitoring documents behavior. It does not address the underlying issue.

How do courts view a parent's drinking?

In both Kentucky and Tennessee, custody is decided based on the child's best interests, and courts consider each parent's physical and mental health and ability to provide a safe home. Alcohol abuse can support limits on parenting time, supervised time, or monitoring conditions. Evidence of sustained sobriety can support lifting those limits. Read how custody is decided.

If a child is in immediate danger, call 911.

How Wise & Associates can help

Wise & Associates handles custody cases involving alcohol and substance use in Kentucky from its Louisville office and in Tennessee through Wise Law in Nashville. The firm represents both parents seeking protection for their children and parents working to restore parenting time. Fees are staged flat fees, never hourly, with upfront fees from $1,500 to $5,000 depending on the case type and how much litigation is required. See how pricing works.

Consultations are free and by phone. Book a time, then call the office at your scheduled time.