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Laura Prepon’s estranged husband, Ben Foster, demanded declarations submitted by third parties accusing him of having issues with alcohol be thrown out in their custody battle, In Touch can exclusively report.
According to court documents obtained by In Touch, Laura, 44, and Ben, 44, are set to face off in court on Friday, December 20. Ben asked the court to set a temporary custody schedule with their two children.
He claimed he tried to resolve the matter with Laura personally but was unsuccessful. Laura raised concerns about Ben’s alleged history of alcohol abuse in response. Ben denied he has a problem with alcohol.
The actress submitted two declarations from employees who worked for Laura and Ben.
One employee named Laura Vogel said Ben “has shown, predominately through inaction and absence, that being a father is not Ben’s priority.” She added, “Sadly, Ben has never prioritized caring for the parties’ children.”
The employee said, “When Ben did ‘pop in’ he would often be drinking alcohol.” Laura said that she witnessed Ben having shaky hands and adding alcohol to his coffee.
Another employee named Emily Neikman said Ben’s time with the kids over the past 10 months had been “sporadic.”
She added, “A more serious concern that I have about Ben’s ability to care for these children relates to his consumption of alcohol around the children. It is my opinion that Ben has an issue with alcohol that needs to be addressed. I have frequently found whiskey in coffee cups that Ben leaves in the children’s rooms.”
In addition, Laura asked the court to allow a third party named Thrisa Hodits to testify at the upcoming hearing via Zoom.
She said the individual has provided childcare services to the parties since 2021. Ben asked the judge to shut down the witness from testifying at the hearing and to disregard the two other witness declarations.
His lawyer said, “This is a simple motion for him to be awarded reasonable parenting time with his two young children, which is being denied by [Laura]. It will be very easy for the court to make a determination … without the testimony of the extraneous individuals.”
Ben called the two declarations submitted by Laura as “hearsay” and said he would not have the chance to cross-examine the witnesses regarding their statements before the hearing.
The actor said he believed Laura filed the affidavits as a “publicity stunt” to bring “negative publicity against” him “and attempt to damage his career.”
He asked that the affidavits be stricken from the record. The judge has yet to rule. Ben filed for divorce on September 9 after six years of marriage. The exes wed on May 25, 2018.
They share two children, a daughter named Ella and a second child whose name they have not revealed. Ben listed the date of separation as the date of his divorce filing.
A couple of weeks later, Ben asked the court for help setting a temporary custody schedule along with a holiday schedule.
Ben’s lawyer said, “[Ben] has personally attempted to reach a resolution with [Laura] in setting a parenting plan schedule that affords each with substantive parenting time, but all efforts have been unsuccessful.”
In response, Laura claimed that she had concerns about Ben’s alleged history of alcohol abuse. She pointed to one alleged incident where he was so “inebriated” that he locked himself out of their home.
She said she found him asleep outside in his underwear. Laura said she also discovered that Ben had been “leaving these thermoses or cups around the house that they contained coffee and whiskey” after they split.
She said Ben’s drinking was such an issue during the marriage that they had to set boundaries. She claimed Ben agreed not to drink alcohol in their bedroom or cook on the stove late at night to prevent any accidents.
Ben’s attorney, Rose Palermo, told In Touch about the claims, “Laura Prepon’s filing is the definition of falsehood and a disturbing fiction.”
In his response in court, Ben said he “vigorously denies [Laura’s] allegations, mischaracterizations and narrative about his drinking.”
The actor admitting to being a social drinker since adulthood but said he has never had any issues with alcohol. Ben’s lawyer said, “Ironically, if anything, [Laura] is well-known for enjoying her drinks — day and night.”
A judge is set to hear from both parties later this week.
English (US) ·