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Kardashian and Disick split highlights child custody issues

Reality tv fans in Ohio and around the country have probably heard that Kourtney Kardashian and her longtime partner Scott Disick are splitting up. They are not the only ones following their break up, as those in the legal world are speculating about what might happen to the couple's three children.

When parents split up or divorce and cannot come to a child custody solution on their own, a judge may have to intervene. Some might think that Disick's well-documented habit of partying and history of substance abuse mean that he does not have a chance of gaining custody of his children, but some legal experts are not sure this is the case. This is because judges generally believe it is best if children have a relationship with both parents, so Disick may gain visitation or joint custody rights as long as a judge determines that he is a fit parent.

While it is relatively unlikely Disick would gain sole physical custody of the children, the reasons for this might not be due to Disick's lifestyle. Instead, it may be because one divorce attorney commented that it seems like Kardashian is the main caretaker for the children.

When going through a divorce, a judge considers things like a child's relationship to both parents, who takes care of the child or children and the relationship with other siblings or each parent's family members. This is why a judge might give at least partial custody to a child's main caregiver as the child likely has a strong relationship with this person and is used to his or her presence. A family law attorney can assist such a parent in demonstrating that such an award would be in the best interests of the children involved.

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