Co-parenting when one parent is or has previously struggled with alcohol abuse is a serious matter. Determining whether parenting time is in the best interest of the child in this situation involves analysis of safety concerns. Alcohol presents a legal problem for parenting time when it influences behavior and presents concerns of safety to children or others. Parents may feel torn between maintaining parenting time and complying with court orders, despite natural fears of what could happen. Different alcohol monitoring options for use before or during transportation of the children or while exercising parenting time can help support parents navigating these concerns. Parties can agree or the court can order that a parent submit a breathalyzer test within a certain time period prior to the exercise of parenting time. An example could be that a parent must submit a breathalyzer test result within thirty minutes before the commencement of parenting time. Parties can also agree, or the court can order that a parent submit additional tests during the parenting time. For example, a parent could be required to submit a breathalyzer result every three hours. Breathalyzer test results can be required before transportation, at pick up, or during the visits. The three main options for monitoring alcohol use before or during parenting time are (1) Soberlink, (2) Keepr, and (3) BACtrack. Each option comes with varying device costs and monitoring services. Because cost is always an important consideration, you might consider the cost of the device and service as compared to the amount of desired testing for parenting time, the anticipated duration of testing and the overall amount of parenting time. Below I will analyze the amount of testing you would receive with each product, price, the manner, use, and duration of the tests and how results are communicated to you. Soberlink: Soberlink offers a three-tiered monthly monitoring subscription cost based upon the features offered. The device is $549 to own or $29 per month to rent for a 120-day commitment or $19 to rent for a 365-day commitment. The Soberlink Basic Plan is $135 per month with 20 testing days ($15 per additional testing day) and differs from more expensive plans, primarily with only one person able to receive results and download data and does not have real-time test results. Results are instead emailed a day later. The Soberlink Plus Plan is $185 per month and includes an unlimited number of people able to receive results and download testing data with real time emailed results. The Soberlink Premium Plan is $235 per month adds both texted and emailed real time results, and 50% off expert testimony, if needed. Keepr: Keepr offers a fee range based upon the subscription length. The device is $149 to own with no rental option. The monthly fee ranges from $79-$129 depending upon the length of subscription, with $79/month for annual subscription, $99 month for the six-month subscription, and $129 for month to month. Keepr includes unlimited testing, unlimited reports, and changes to monitoring agreements are not an additional cost. BACtrack: BACtrack offers a three-tiered monthly monitoring cost approach based upon the features offered. BACtrack has no device fee with the cost included in the monthly monitoring fee and the user owns the device after three months of service. The BACtrack Basic Plan is $79/month and offers 30 tests per month with no PDF monthly download report, does not have real time notification, and does not have video or image evidence of the tester. The BACtrack Plus Plan is $99/month and offers 3 total connections per subscription as compared to 1 with basic, has unlimited tests allowed per month, 1 downloadable report per month, and text notification of a non-compliant tester, but no emailed result and no image of the tester. The BACtrack Pro Plan is $129/ month and offers text and email notifications about a tester’s compliance with the test and an image of the tester. Cost Comparison In considering the options available for the three main alcohol monitoring device providers, we would recommend selecting options with real-time notification and image or video confirmation of the tester. Selecting these options shifts the cost comparison analysis depending upon (1) use or sharing of the information with other legal professionals involved, and (2) how long you estimate that you would use the alcohol monitoring plan. With features allowing for real time notification of a failed alcohol test and image/video confirmation of who took the test, with Soberlink you would have to use the Soberlink Plus Plan which is a heavier price tag of $185 plus the additional $19-$29 device rental fee or $549 (averages $45/month for a year). Soberlink is by far the more expensive option, compared to the other two options. In deciding between BACtrack and Keepr, you would want to consider the ultimate use for the data. Legal professionals and court-involved therapists use the general phone, email, and webform channels for Keepr whereas BACtrack does not. The requirement of video or image confirmation of the tester would require the $129 BACtrack Pro Plan, which is the same as the maximum plan with Keepr. However, Keepr has an additional device fee whereas BACtrack does not. In deciding between Keepr and BACtrack, in addition to the additional factors we discussed, you would want to think about the anticipated duration or time period of testing. The $129 Keepr device fee would add $12/month over a year of payments. (For calculation purposes I am spreading out the device fee for Keepr, however, Keepr requires that the device fee is paid upfront.) For an annual subscription of Keepr ($79) with the device fee ($12) spread out the price would be $91. A six-month subscription of Keepr ($99) with a device fee of $24.80 (149/6months) would be $123.80. If your anticipated testing time period is less than 6 months BACtrack may offer the best value, provided you plan to use it for 3 months at least to cover the device fee for BACtrack. The assignment of cost for testing is subject to agreement or court order. It may be a shared cost, exclusively covered by the party requesting it, or the party using it. As you can see, evaluating which device is the best fit for your situation offers many considerations. Other more advanced technology features not discussed here are available for each provider on their respective websites and may offer important considerations for your family.

For many Ohio families, grandparents and extended relatives play an important role in a child’s life. When family dynamics change because of divorce, separation, or other circumstances, it can be confusing to know whether you still have a legal right to see the child. Ohio law allows certain non-parents to request companionship time under specific circumstances. When Can a Relative Ask the Court for Companionship Time? A motion for companionship time must be filed in the juvenile or domestic relations court located in the county where the child lives. Under Ohio law, a court will consider grandparent or relative companionship requests only in the following situations: In a case involving a divorce, dissolution, legal separation, annulment, or custody action, either before or after a decree is issued; When one or both parents of the child has passed away; When the child is born to unmarried parents. When a child is born to unmarried parents, additional requirements apply. Specifically, paternal relatives must show that paternity rights have been established to the father through paternity proceedings or voluntary acknowledgment. If paternity has not yet been established, it may not be possible to pursue companionship without cooperation from the parent(s). What Will the Court Consider? If you are a party is seeking companionship time, the court’s focus is always on the child’s best interests and welfare. Ohio law lists several factors the court may consider, but no one factor is determinative. These include: Prior relationship between the child and the relative – The court will want to see a longstanding, consistent relationship between the petitioner and the child. Keeping notes of past contact and involvement in their life can be helpful. The child's age and adjustment to home, school, and community The geographical location of the child and relative's residences The child’s and parents’ available time, including schedules- The court will ensure that companionship does not interfere with existing parenting time or the child’s activities. The wishes of the child The health and safety of the child The mental and physical health of all parties Whether the person seeking companionship time has been convicted of or pleaded guilty to any criminal offense involving an act that resulted in a child being abused or neglected The wishes of the parent(s) - Courts presume that a fit parent acts in the child’s best interests. That means it will be the petitioner’s burden to show why companionship time is still appropriate, even if the parent objects. The court will also expect that the petitioner respect the parent’s right to make decisions and avoid interfering with parenting time or decision-making. The court may also consider whether the parent related to the petitioner currently has custody or parenting time. In some cases, it may be more effective to support that parent in seeking additional time and then request contact during their parenting time. Possible Outcomes and What to Expect If you are considering seeking companionship, you should first choose to have a respectful conversation with the parent(s) before going to court. Filing a court action without any discussion may damage already fragile relationships and make a resolution more difficult. Ultimately, a motion may need to be filed. If a motion is filed, you may ask the court to issue a temporary order granting contact while the case is pending- particularly if the child is being withheld. Outcomes in these cases can vary widely. The court might award day visits, overnight visits, extended time, holiday time, or limited “buildup” time depending on the circumstances. The Court may also impose certain rules to be followed during companionship time if necessary. If the court issues any orders, flexibility and cooperation are key. If a parent or relative does not follow an order, you may ask the court to enforce it, typically through a contempt motion or a request for makeup time. Special Circumstances & Considerations In some situations, the ability of a petitioner to seek companionship time may be restricted by factors outside of their control. Adoption For a child whose parents are divorced or separated or a child born to an unmarried woman, the Ohio Supreme Court has held that an Ohio law providing that a final decree of adoption terminates all legal relationships between the adopted person and the adopted person’s relatives has the effect of terminating third-party visitation rights for the relatives whose status has changed as a result of the adoption. This applies regardless of whether the child is adopted by strangers, relatives, or a stepparent. There are certain nuances and exceptions to be aware of. Adoption after death of parent(s)- In Ohio, your companionship rights cannot be curtailed or restricted by a subsequent stepparent adoption if the parent(s) has/have died. Adoption where parental rights are retained - If the parent related to you retains their parental rights after a stepparent adoption, you may still request companionship time. Protective Custody or Termination of Parental Rights Ohio law does not specifically provide companionship rights for grandparents or relatives when the child is in the temporary custody of a public agency, or when the parents’ rights have been terminated. Visitation in these cases is typically at the discretion of the agency and limited to what is determined to be in the child’s best interests. Conclusion Every family is different, and Ohio courts evaluate these cases carefully and on a case by case basis. If you are a relative seeking visitation or companionship time, or a parent who would like to understand how these laws apply to your situation, our office is here to help. Contact us today to schedule a consultation and discuss your options.