The Koblin Family Law Center

Parents with substance abuse issues may retain custody

California couples who are ending their relationship may be interested to hear about a famous case from their home state. In 2015, celebrity Kourtney Kardashian announced that she and her partner Scott Disick would be splitting up, raising the question of which parent might retain custody of their three children. While Disick has a known history of struggles with intoxicants, legal analysts say that this may not necessarily preclude him from continuing to take a role in his children's lives.

Family law attorneys likely know that the main principle that courts consider in a custody battle is what's in the best interest of the children in question. Although Disick has apparently not been the primary caretaker, the fact that family courts often seek to help children maintain relationships with both of their parents could mean that he may receive some form of parental rights.

Some courts are even known to employ supervision, drug testing and other mechanisms to ensure that children can spend time safely with parents believed to engage in risky behavior. One observer noted that if Kourtney Kardashian declines to fight the issue in court, the parents may come to a workable agreement.

When parents split, having a protracted battle may not be in the best interests of the child. Those who come to terms with their disagreements separately and keep them out of their interactions with their children stand a much better chance of minimizing any negative impact the breakup has on the kids. As a result, many seek legal assistance in negotiating an agreement that deals with the parental rights issue and which can be submitted to the court for its approval.

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The Koblin Family Law Center
5700 Stoneridge Mall Road, Suite 230
Pleasanton, CA 94588

Phone: 925-298-2961
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