Although they have agreed to share custody of their 8-month-old daughter Dream for now, the legal battle between Rob Kardashian and Blac Chyna seems to be firing up. The tumultuous relationship between the two reality stars came to a head on July 5thwhen Rob berated his ex-fiancé on social media for several hours – posting intimate photos of Chyna and shaming her for her sexuality.
Chyna has since been granted a temporary restraining order against Rob that prevents him from posting about her. He now also faces potential criminal charges for revenge porn in the state of California. This is not the first time that Rob has attacked Chyna through social media; looking back to November when she moved out of their shared home with their then 1-month-old daughter.
Rob has been very open about his struggles with mental health, though Chyna has made recent claims that Rob has threatened to commit suicide on a variety of occasions. So how does Rob’s mental health impact a potential child custody battle?
In family law, custody decisions are always made first and foremost in the best interests of the child. Ontario Courts will want to identify what mental illness your spouse may have. If there is a diagnosis, then the next question is whether your spouse agrees with the diagnosis, or is in denial. If you have a mental illness and think this will negatively affect your ability to spend meaningful time with your children when they are in your care, this will be an important consideration.
Many mental illnesses, when properly treated, may not be a barrier to being an effective parent. Being proactive and seeking help may better your position for custody. Judges want to make sure that the children are not exposed to abusive or destructive behavior that puts their well-being in jeopardy. That being said, a parent that recognizes their mental illness and is taking every reasonable step to treat it will likely have a stronger claim for custody and access than someone who remains inactive in the face of a problem.
While there appears to be no conflict over Dream for now, who knows if this unpredictable couple will remain agreeable. If custody over Dream becomes a dispute, Rob and his dream team lawyer, Robert Shapiro, may have to prepare for his mental health becoming a factor in the legal proceeding.
For more information about child custody, visit our website or book a free initial consultation with one of our family lawyers.