Stanley Mosk Courthouse

Scott J. Nord

Judge
Los Angeles County Superior Court

Whittier Law School, 1996

Natalie Gordon

3L-law student
LMU Loyola Law School

In the early 1800s, the clergy first encouraged temperance, specifically through abstaining from hard liquor, but not all liquor, as wine, beer, and ale were still a part of daily life. The temperance movement continued to grow until the 18th Amendment ("Prohibition") was ratified in 1919. However, even Prohibition was eventually overturned by the 21^st Amendment. People wanted their alcohol.

Radio, movies, TV and the internet have all played their role in glamorizing alcohol use. Ask anyone what James Bond drinks, and they will be able to tell you. Martini, "shaken, not stirred." Homer Simpson and Peter Griffin are often depicted as drinking or intoxicated. Nicholas Cage, Robert Duvall, and Ray Milland have all won accolades for portraying alcoholics, as have other numerous actors. Cheers and It's Always Sunny in Philadephia are set in a bar. And we first meet Han Solo in the Mos Eisley cantina.  

The Diagnostic and Statistical Manual of Mental Disorders (DSM-5), released by the American Psychiatric Association in 2013, categorizes addiction disorders as substance use disorders (SUDs). There are volumes written on addiction disorders and on the best approaches to helping addicts and those whom addicts impact. We are not, nor do we claim to be addiction experts. Still, in the family law world, the litigants, lawyers, and, most often, judicial officers are asked to make difficult decisions regarding persons who are struggling with addiction issues or have struggled with addiction issues in the past. So, it is essential to have a basic understanding of addiction, recovery, and the tools available to us when dealing with these situations. 

Consider this hypothetical: The parties were together for seven years before separating in July 2024. Party X has filed a Paternity Petition and Request for an Order regarding custody and visitation of the parties' four-year-old child. Party X alleges that Party Z has an issue with alcohol. In X's RFO, X relates the following incidents. X stated that when the child was a year old, they went to dinner before going home after a day out. Z had been drinking all afternoon and was inebriated but chose to drive with the minor in the car and was belligerent at the restaurant. X states that in another incident that year, X came home with the minor child and found that X's items had been destroyed, and blood was present around the house. Z was passed out on the couch, and X took the minor child to a hotel, where they spent the night. The next day, Z called and apologized, promising to get help. In early 2023, X and Z went on vacation, and Z kept ordering shots from the bar, making vulgar comments about X and other patrons, and becoming agitated. They were asked to leave, or the police would be called. Z again promised to get help, and X found Z a therapist; however, Z only attended a few sessions. The final incident states that in July 2024, Z called X from jail after being arrested for an incident at a bar while intoxicated. Z states that X moved out shortly thereafter and has limited Z's access to the child since. X also relates that Z has two DUI convictions. Z does not deny the above but states that after this last incident, Z went to a sober living facility and lived there for 90 days before going to outpatient treatment and has remained sober since. Z states Z attends meetings three times per week and has a sponsor. Z states Z wants to spend time with the child, but X refuses to allow contact, or if allowed, it is supervised by X or Z's family. Z wants unsupervised visitation. X alleges at the last visit, Z smelled of alcohol and had slurred speech. Z denies those allegations.

Common counseling programs

12-Step approach

The most widely known program since its beginnings in 1935 for addiction-related issues is Alcoholics Anonymous (AA). AA's purpose is to help alcoholics using the 12-step model. AA is based on the principle that alcoholism is an illness for which there is no cure, only arrestment. AA is an anonymous, peer-led group where members share their experiences. It requires that individuals desire sobriety to join. Over time, members will work through the 12 steps with the support of a "sponsor" (a more senior group member who provides support and guidance). Though nondenominational, an aspect of AA requires seeking a higher power for help and understanding to become "recovered alcoholics" but never "cured." AA is free to attend, has multiple meetings daily in varied locations, and a person can attend multiple meetings a day.

Approximately one million Americans enter treatment for drug or alcohol abuse, and 93 of facilities utilize the twelve-step approach. (Max Dehn, How It Works: Sobriety Sentencing, the Constitution, and Alcoholics Anonymous, 10 Mich. St. U. J. Med. & L. 255, 259 (2006). Courts have increasingly looked to treatment facilities as an alternative to incarceration for people convicted of alcohol-related offenses. Id. In 1995, 46% of persons entering treatment for alcohol abuse did so because of a court order, and AA estimates that 16%  of its members attend pursuant to a court order. Id.

While many researchers assert that alcoholics should not be forced to attend AA, many individuals who achieved abstinence credited their sobriety to court-ordered AA. Id. Others achieved temporary sobriety due to AA attendance. However, it is also true that few court-ordered AA members remain sober in the long term. Id.

In a study evaluating the effectiveness of peer-led AA and other twelve-step facilitation (TSF) interventions, researchers have found significant evidence that AA and TSF interventions are more effective in increasing abstinence than other treatments. (American Psychiatric Association, New Research Affirms Effectiveness of AA and Other 12-Step Programs in Treating Alcohol Use Disorder (2020)). AA and TSF were especially good for increasing the percentage of days abstinent, reducing drinking intensity, and reducing alcohol-related consequences. Id.

AA's results vary according to participation. One study indicated that "'increasing one's degree of participation in the organization compared to a previous time," including having a sponsor, leading meetings, or participating in outreach work, positively correlated with sobriety. (Max Dehn, How It Works: Sobriety Sentencing, the Constitution, and Alcoholics Anonymous, 10 Mich. St. U. J. Med. & L. 255, 264-265 (2006)). Another study found that active engagement, rather than mere attendance, increased sobriety. Id.

It is always important to remember that with alcohol addiction, in particular, the widespread availability of alcohol makes recovery particularly difficult. Thus leading to "slips." For example, an individual with a substance use disorder other than alcohol may be able to make life choices (moving cities, change of employment, disassociation with former individuals), which contributed to their substance abuse issues. Unfortunately, alcohol, due to its accessibility, including in restaurants and grocery stores, makes even life changes less significant. Studies have shown that a significant factor in overcoming addiction and abstinence was the number of AA contacts that supported reduced drinking. (Jason Bond et al., The Persistent Influence of Social Networks and Alcoholics Anonymous on Abstinence, J. Stud. on Alcohol 64(4), 579-588 (2003)).

Online versus in-person programs

Due to the COVID-19 pandemic, many programs increased online meeting availability, which has rapidly expanded. While significant studies have yet to be conducted, participation in online support groups appears favorable because online meetings are likely to mobilize the same therapeutic mechanisms as in-person programs, and this boosts coping skills, self-efficacy, and motivation. (Brandon G. Bergman et al., Online recovery support meetings can help mitigate the public health consequences of COVID-19 for individuals with substance use disorder - PMC (2020)). However, while online meetings offer a social network, this may be less beneficial in maintaining sobriety. Data indicates that online group therapy for psychiatric disorders, for example, may be less likely than in-person group therapy to promote positive alliances. Id. Therefore, the positive effects of these programs may not translate as well to online meetings. Other issues arise due to privacy breaches with an online platform. Id. Privacy breaches may occur when an individual observes a participant's screen or online platforms collecting participant data. Id. Anonymity is the cornerstone of AA and ensures that members are protected from being identified as alcoholics. (A.A. and Anonymity | Alcoholics Anonymous, 2025).

Issues also arise due to the accessibility of the counseling program. For example, online platforms require broadband internet access, which divides individuals according to socioeconomic status. (Brandon G. Bergman et al., Online recovery support meetings can help mitigate the public health consequences of COVID-19 for individuals with substance use disorder - PMC (2020)). On the other hand, like many other activities, allowing online programs dramatically expands the number of people able to attend.

Inpatient versus outpatient treatment

Outpatient care refers to treatment whereby individuals have an appointment and leave on the same day. It varies from a standard visit to intensive care, which includes individualized appointments and/or group sessions. (Substance Abuse and Mental Health Services Administration, Treatment Types for Mental Health, Drugs and Alcohol | SAMHSA, 2025). Many programs, such as those for alcohol, are outpatient programs. Inpatient care means the individual stays in the hospital or treatment center for a longer duration, from days to months. This is typically for those who require 24/7 care. Id.

Individuals with substance use disorders typically rely on outpatient treatment. Id. Substance use disorders require long-term management to address the individual as a whole. (The Pew Charitable Trusts, 2025) As such, outpatient treatment options may be better suited for substance abuse. Inpatient treatment is typically a last resort. This treatment is more comprehensive and combines monitoring the person with individual and group psychotherapy to teach an individual how to manage their addiction. Inpatient treatment results are mixed because inpatient treatment typically lasts 30 days, a person is often forced by court order or family members to admit themselves, and individuals often relapse once they return to their daily lives.

It should also be noted that inpatient care can be very costly and may not be covered wholly or partially by different insurance plans. Free or low-cost live-in programs may be limited based on availability, depending on your city or county.

Other options

Soberlink: Soberlink is a hand-held breathalyzer that monitors the person's location and takes a photo of the person when used to confirm identity. However, there is a cost for this service, which may be reduced with a fee waiver.

Secure Continuous Remote Alcohol Monitoring (SCRAM): SCRAM is an ankle bracelet that detects alcohol use at all times to monitor sobriety.

Sober Living Homes: Sober living homes are group living facilities that offer drug and alcohol-free environments for residents to recover in an independent community environment. The cost of living in a sober living facility ranges from minimal ($450 per month) to extremely high-end ($10,000 per month). There are also work-based living facilities like the Delancy Street Foundation.

When will a court order a drug and/or alcohol treatment program or testing?

The issue frequently arises when one party files a request for a Domestic Violence Restraining Order (DVRO) or where there are custody and visitation disputes. In Heidi S. v. David H., 1 Cal.App.5th 1150, 1171 (2016), the trial court required the petitioner to submit to testing for illegal substances and alcohol abuse as a condition for visitation with her minor child following her arrest, a DCFS investigation, and dependency court proceedings. The court held there is no bright line rule distinguishing when controlled substances or alcohol use becomes "habitual, frequent, or continual" and "common sense dictates that the family court look to the totality of the circumstances to ascertain whether the risk of relapse in a particular case requires close scrutiny of a party." Id. Furthermore, the court determined the family court may order a reduced visitation schedule immediately following a positive drug test because altering the visitation schedule causes less disruption in the child's emotional bond with the primary caretaker, particularly where there is not a complete visitation loss. Id.

In an action to determine custody or visitation where one party alleges the other is an addict, a court will determine whether the parent exhibits "habitual or continual" alcohol abuse or illegal drug use. Id. There is no temporal limitation on evidence that may be presented and no bright line test for determining what qualifies as "habitual or continual." Family Code § 3011; Id. The court may require independent corroboration before ruling, such as a written report from a law enforcement agency or other organization providing drug and alcohol abuse services. Family Code § 3041.5. Additionally, the JV-206 Form (Reasons for No or Supervised Visitation) specifies that participation and completion of court-ordered classes may be a basis for whether visitation is supervised.

Under Family Code § 3044, "Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence within the previous five years against the other party seeking custody of the child, or against the child or the child's siblings ... there is a rebuttable presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child." To overcome the presumption set forth in Family Code § 3044, the court may consider whether "the perpetrator has successfully completed a program of alcohol or drug abuse counseling, if the court determines that counseling is appropriate."

So, should the court order Z to have unsupervised visitation? It depends...

Authors Note: If you or someone you know needs help with addiction or addiction treatment, contact the substance abuse hotline at 1-844-804-7500, 24 hours per day, 7 days per week, or Dial 988 (Suicide and Crisis lifeline). This article focused on alcohol-related issues; however, most of the same services are available for people suffering from other addiction-related issues and substances.