Alcohol affects Child Custody Disputes During Divorce Case in NM

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Substance abuse issues during a child custody dispute in Albuquerque

Substance abuse plays a starring role in a wide range of child custody disputes during divorce case decisions in Albuquerque, New Mexico . A common yet unsavory aspect of child custody disputes is the “mud-slinging” that occurs when claims of abuse, neglect, substance abuse, and mental health issues are raised. These claims are generally used to demonstrate that one’s parents time-sharing with the child should be increased or decreased based on underlining safety concerns that affect the guiding standard of “best interests of the child.”

Determining Alcohol Abuse During Child Custody Disputes in Albuquerque, NM

Alcohol in particular is an issue that commonly affects child custody disputes in Albuquerque, NM. Claims regarding alcohol abuse run the gamut from past and present DWI arrests, violent incidents involving alcohol, and general claims of dependency and abuse. Ultimately these assertions are voiced to create safety concerns surrounding one’s ability to provide adequate care for the child.

Major advancements have recently been developed in the Court’s ability to detect heavy and potentially problematic drinking. The most notable development in detecting problem drinking is a relatively new test — PEth test — which uncovers consistent and excessive drinking through a blood sample.

The body produces PEth, when alcohol (ethanol) is consumed and metabolized. The level of alcohol that is consumed determines how long PEth remains in one’s blood. PEth tests have the ability to gauge binge or excessive drinking that has taken place 2-4 weeks before the test is administered, based on the remaining PEth levels in one’s blood.

The accepted detection period for PEth testing is up to three week. Nevertheless, higher levels of excessive drinking correspond with longer periods of potential detection. Additionally, higher frequency of binge sessions can also increase the period of detection. In other words, a greater window of potential detection is created with higher levels of alcohol consumed over longer periods of time.

According to scientific literature, a “positive” PEth result takes place with a result of 20ng/mL or above. “Significant consumption” is illustrated by a test result between 20-199 ng/mL. “Heavy consumption” is demonstrated by a result higher than 200 ng/mL.

10 ng/mL Equals 2-3 units a day for 30 days or perhaps 2 binge sessions depending on body size.
20ng/mL (Positive) 7 units in 2 hours for a single day, with collection the next morning for a small to medium sized person
95 ng/mL 2 binge sessions per day.

Alcohol Monitoring in Child Custody Disputes During Divorce Case

Albuquerque family court judges are routinely ordering PEth tests to detect dangerous and abusive levels of drinking. A positive PEth test creates a wide spectrum of potential outcomes affecting one’s time-sharing arrangement. On the lower end of the spectrum, a positive test result raises concerns with the presiding judge regarding a parent’s ability to provide adequate care. At the other end of the spectrum, positive test results can cause one’s judge to dramatically alter the current parents time-sharing arrangement, based on the “best interests of the child.”

Remember: a PEth test can be administered in your child custody disputes during divorce case to detect heavy drinking over a 2-4 week period. This test is generally administered in cases where one party raises alcohol use as an issue. Failing this test has the ability to negatively impact your child custody case in a substantial way.

(505) SANCHEZ IS HERE TO ANSWER ALL OF YOUR QUESTIONS ABOUT SUBSTANCE ABUSE AND CHILD CUSTODY DISPUTES DURING DIVORCE CASES IN ALBUQUERQUE, NEW MEXICO

Do you still have questions about alcohol, substance abuse, and child custody disputes during divorce case? Custody cases often require the experienced hand and knowledge that comes with years of courtroom practice. Matthew Legan Sanchez has the experience needed to handle your unique case. Sanchez can be reached by calling (505) SANCHEZ.