Alcohol is one of the most common issues that comes up in Georgia custody disputes. When a court has concerns about a parent’s drinking, alcohol monitoring can become part of the custody order, whether one parent requested it, an attorney raised it, or the judge imposed it.
This article covers how monitoring works in the context of family law in Georgia, which devices are used, and what compliance actually looks like for both parents.
Can a Georgia Court Order This?
Yes. Georgia law gives family courts broad authority to impose conditions when the safety or wellbeing of a child may be at stake. If the court has concerns about a parent’s alcohol use, it can order that parent to abstain, submit to testing, and in some cases wear a monitoring device.
The standard Georgia courts apply is the best interests of the child. Substance abuse is one of the factors courts are explicitly permitted to consider. A judge who believes alcohol use is affecting a parent’s ability to care for their child safely has the authority to impose monitoring as a condition of parenting time.
How It Usually Comes Up
- The other parent or their attorney raises concerns and requests court-ordered monitoring as a condition of parenting time
- A guardian ad litem or court-appointed advocate recommends it to protect the child’s safety
- The judge imposes it as part of a custody order when evidence of alcohol use has been presented
- A parent volunteers to do it as part of a negotiated agreement to demonstrate sobriety and rebuild trust
Courts take notice when a parent is proactive about accountability rather than waiting to be ordered.
Which Devices Are Used
Soberlink
Soberlink is the most widely used alcohol monitoring system in family law in the United States, including Georgia. It is a portable handheld device. The parent blows into it at scheduled times, and each test includes a facial recognition photo to confirm the right person is testing. Results are transmitted wirelessly in real time to a secure platform.
Results can be set up to go to the attorney, the other parent, a guardian ad litem, or directly to the court, depending on what the agreement specifies. A 2nd Chance Monitoring offers Soberlink as part of its monitoring services.
SCRAM CAM
SCRAM CAM is a continuous alcohol monitoring bracelet worn on the ankle. It tests through the skin every 30 minutes, around the clock, automatically. Because it never stops running, there is no testing window to time alcohol use around. Courts tend to use SCRAM CAM when they want continuous coverage across all hours, not just scheduled tests.
What Compliance Actually Looks Like
For Soberlink, compliance means completing every scheduled test within the required window, on time, every time. For SCRAM CAM, it means wearing the device continuously, keeping it charged, and not attempting to interfere with the sensor.
Everything is documented automatically with time stamps. Attorneys, the other parent, and the court can access reports based on what the agreement specifies. That documented record works for you if you are compliant. It works against you if you are not.
What Happens If a Test Is Missed or Shows Alcohol
- A missed test is recorded and may be treated the same as a positive result
- A positive result can trigger notification to the other parent’s attorney, a guardian ad litem, or the court
- Repeated violations can be introduced as evidence in a custody modification hearing
If a test is missed because of a device malfunction, contact A 2nd Chance Monitoring immediately and document it. Proactive communication makes a real difference in how the situation is characterized.
If You Are the Parent Requesting Monitoring
Talk to your family law attorney. They can petition the court or negotiate monitoring as part of a custody agreement. Once monitoring is in place, the access you have to reports depends on what the specific order or agreement says. Make sure your attorney addresses that explicitly.
Voluntary Monitoring
Some parents choose to start monitoring on their own before the court orders it, to demonstrate sobriety proactively. It can be a meaningful step in rebuilding trust with a co-parent, a guardian ad litem, or the court. A 2nd Chance Monitoring works with voluntary clients as well as court-ordered ones. Contact us to discuss what makes sense in your situation.
Frequently Asked Questions
Can a Georgia judge order monitoring without proof of drinking?
How long does monitoring last in a custody case?
Who pays for it?
Can monitoring results be used in court?
Does A 2nd Chance Monitoring offer this in Georgia?
About A 2nd Chance Monitoring
We believe everyone deserves a second chance. A 2nd Chance Monitoring provides alcohol monitoring, GPS tracking, and communication services to help individuals stay accountable while they navigate legal requirements or work toward personal goals. With multiple locations across Georgia, Alabama, and Mississippi, our team offers professional support and reliable technology you can count on 24/7. Whether you’re fulfilling a court order or simply looking for structure during a difficult time, we’re here to help. Get in touch with us today.
The information in this article is provided for general educational purposes only and does not constitute legal advice. Child custody proceedings and alcohol monitoring requirements vary significantly by county, court, and individual case. If you have specific legal questions about alcohol monitoring in a custody dispute, please consult a licensed family law attorney in Georgia. A 2nd Chance Monitoring provides electronic monitoring services and does not provide legal representation or legal advice.
