Dealing with parental issues in custody cases

California family courts evaluate custody decisions in light of the needs and interests of the children that will be affected. Because the best interest of a child is a high priority, it is not a foregone conclusion that a parent with a past involving drug abuse, domestic violence or other negative behaviors will be prevented from having any type of custody. Although joint legal custody might not be ordered if a parent is considered unfit, in many other cases, a parent will be legally entitled to be a part of the decision-making process. In fact, physical custody might be possible if the parent's negative issues are not recent.

The breakup of Kourtney Kardashian and Scott Disick, who have three children together, is an example of a situation in which the stances of the parents could affect the outcome of custody proceedings. Although the father has recently gotten out of rehab for drug use, he could obtain physical custody of the children if their mother does not fight such a decision. On the other hand, the mother's position as the primary caregiver for the children could put her in the position of being awarded primary physical custody.

While the outcome for the famous couple is yet to be decided, other parents who are dealing with custody and divorce issues might wonder how their past difficulties will affect their involvement in the lives of their children. Because the involvement of both parents is typically viewed as beneficial for the children, a judge may seek a workable solution for a parent with a challenging history.

A parent who believes that their past record could negatively impact their custody and visitation options might want to work with a lawyer to document positive changes that demonstrate an ability to parent in a positive manner. Such documentation might include statements from co-workers, friends, relatives and others.

No Comments

Leave a comment
Comment Information

Gavin & Dersch Law and Mediation

Vista Office
630 Alta Vista Drive
Suite 210
Vista, CA 92084

Phone: 760-691-1763
Fax: 760-941-4425
Vista Law Office Map

Del Mar Office
12636 High Bluff Drive, Suite 400
San Diego, CA 92130

Phone: 760-691-1763
Fax: 760-941-4425
Map & Directions

Schedule Consultation

Contact our attorneys today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

  • 10 BEST 2016 | CLIENT SATISFACTION |American Institute of Family Law Attorneys
  • State Bar of California | California Board Of Legal Specialization

    Attorneys Paul Gavin and Wayne Dersch are certified as a family law specialists. Learn More