Courts in Texas and other states typically try to act within the best interests of any minor children in divorce cases, and this means that judges will usually fashion orders that will allow both parents to have some involvement in a child’s life. Therefore, certain issues a parent has might not automatically invalidate his or her chances for custody. To highlight how the child custody process might work, many are speculating about what could happen to the children after the high-profile split of Kourtney Kardashian and Scott Disick.
The reality tv show stars have three children, and one attorney mentioned that Scott’s colorful past does not necessarily bar him from gaining custody of his children though his history of substance abuse could make it difficult. While one parent could have trouble in family court when struggling with addiction or joblessness or having a history of spousal abuse or mental illness, some parenting rights may still be granted especially if the other parent is not in opposition.
Family law experts say that the problems people struggle with do not immediately bar them from some form of custody or visitation rights because courts value a parent’s relationship with a child and believe that having one with both parents is best for the children. However, this generally depends on the circumstances as both parents must be deemed fit and safe. For example, a judge might order drug testing as a condition of giving a former drug abuser visitation rights.
If both parents are deemed to be fit and can offer a safe environment for a child, then a judge may want both parents to share custody of a child or children. A family law attorney may endeavor to provide advice and counsel to a parent who is faced with these types of issues.