Protocol Design and Implementation for Monitoring Parental Substance Use in Child Custody Litigation

Abstract

In child custody litigation, protecting child safety during access with a parent with substance use disorder (SUD) presents a vexing challenge for the court, parents, and parents’ counsel. Standardization of monitoring protocols for this population is lacking. Monitoring protocols utilized in clinical settings and child welfare agencies are not necessarily applicable to child custody litigation. This article is the first of its kind to initiate standardization of monitoring protocols for parental substance use in child custody litigation. This article also proposes the inclusion of, and rationale for, a neutral evaluator and a separate neutral monitor to oversee the monitoring protocol. Topics that inform the practical aspects of protocol design and implementation, such as relapse risk, monitoring duration, treatment recommendations, mandated treatment, mutual help groups, and confidentiality, are described. Family courts and matrimonial counsel benefit from an understanding of the rationale for the evaluation, treatment, and monitoring of parental substance use disorders by individuals with expertise and/or certification in substance use disorders and forensic toxicology.