Robert G. Smith, PLLC

Kardashian's split from Disick could lead to custody fight

New York fans of entertainment gossip have likely heard that Kourtney Kardashian and Scott Disick announced their breakup on July 6. The reality TV stars have three children together.

Disick's split from Kardashian is reportedly connected to his history of substance abuse. He recently completed a round of rehab but was then spotted partying with a former girlfriend in Europe. It is not known whether Disick will seek custody of the couple's young children, but some family law attorneys said his past drug and alcohol abuse problems will not automatically exclude him from consideration.

New York family courts handling custody matters place a high value on parent-child relationships and will work hard to preserve those bonds. With that in mind, judges will often try to work with parents who have a history of substance abuse, spousal abuse, mental health problems and joblessness. However, Disick may still have a difficult time obtaining custody, especially if Kardashian contests him in court. He may have to obey court conditions like mandatory drug testing and supervised visits in order to see his children. The overriding principle that the courts follow is the best interests of the children. In Disick's case, that could mean that he is ultimately granted access to his kids, particularly if he demonstrates to the court that he is staying clean.

Child custody disputes can be complex and emotional for all involved. A parent who is dealing with one may wish to consult with an attorney to see if an agreement can be negotiated that will deal with the granting of parental rights and which can be approved by the court.

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