Law Office of Michael D. Tracton, P.C.
Call For A Free Initial Consultation
281-201-1481
View Our Practice Areas

Substance abuse may not affect father's right to custody

Fathers experience a lot of difficulty when they wish to be a part of their children's lives, especially when the mother is battling with them for sole-managing conservatorship. Over the years, courts have been finding that even though a mother may be the primary caretaker of the children it is important for fathers to remain involved in the lives of their children as much as possible. This need for a fatherly figure in their lives may cause courts to overlook one father's past, which involved substance abuse and endless partying.

Kourtney Kardashian and longtime boyfriend Scott Disick have decided to call it quits on their relationship. This split has left some speculating about if there would be a custody battle and if Disick would even have a chance at being awarded custody because of the substance abuse in his past. Many experts have chimed in on the topic, but the bottom-line is that the courts want to make a decision that is in the best interest of all children involved and the best interest of the children often means having both parents in their lives.

There are many factors that courts examine prior to awarding custody. Even though Disick has had issues with drugs and alcohol in the past, his history may not affect the court's decision to award him custody should he and Kardashian find themselves in the midst of a custody dispute. Many people may believe that a parent who has had known substance-abuse issue is automatically out of the running when a custody battle occurs, but that is not true. According to one expert, there are actually several issues, such as spousal abuse and unemployment, that people may think rule out parents, but they do not.

Any father feuding with the mother of his children may want to reach out to a family law attorney, as they may be able to assist with the case. If a father wants to be present in the life of his children, it is not fair for men to not be considered by the courts simply because mothers are awarded custody more often than fathers. Having a knowledgeable attorney assist with the child custody dispute may allow a father to have a fair shot at getting custody of his children.

Source: Yahoo Parenting, "Substance-Abuse History and Other Mysteries of Child-Custody Battles," Beth Greenfield, July 7, 2015

No Comments

Leave a comment
Comment Information