Would a gambling addiction be a factor in determining custodial issues between estranged parents?
In custodial disputes between divorced or separated parents, courts have held that any resolution must have the best interests of the children in mind. Accordingly, if one of the parties has a gambling addiction, it will be a factor only to the extent that it affects the well-being of the child or children. When a custodial arrangement has been implemented, courts have shown a reluctance to disturb the arrangement, as it is believed that frequent changes in living environment are not healthy for children. Thus, a gambling addiction subsequently discovered by one spouse with regard to the other spouse would have to have a serious deleterious effect on the children for the court to impose a change in custodial arrangement. The effect of the gambling activity on the children must be direct. Example: After divorce proceedings, it was determined that the father receive custody of the two children, ages 8 and 9. The mother subsequently discovered that the father had developed an addiction to
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