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Laura Prepon and Ex Hash Out Custody Deal With Drinking Restrictions

Laura Prepon and her estranged husband, Ben Foster, hashed out a temporary custody deal that requires both to limit their alcohol use around the kids days after she accused him of having issues with alcohol, In Touch can exclusively report.

According to court documents obtained by In Touch, the court signed off on the deal submitted by Laura, 44, and Ben, 44. Per their deal, Ben will have regular parenting time with the two children he shares with Laura.

“Neither party shall consume alcohol to the point of intoxication while around the minor children during his or her parenting time,” the order read.

Further, they agreed that “if either party has employment that requires him or her to travel out of state during his or her parenting time, then that party will provide reasonable notice to the other party.”

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Another provision that Laura and Ben agreed to was they would restrain employees from speaking derogatorily about the other party to or in the presence of the minor children.

The temporary custody deal comes weeks after Laura accused Ben of having a history of alcohol abuse. The actress made the allegations as part of her response to Ben’s plea for a temporary custody schedule.

In her motion, Laura asked that Ben be ordered not to drink 12 hours before or during any custody time with the kids.

She also submitted declarations from two employees to back up her claims about Ben.

One of the declarations was filed by a woman named Laura Vogel, who worked for the actress for seven years. Laura Vogel said she witnessed the exes with their children. She said Laura was extremely involved in parenting while Ben would “pop in” at times.

In her declaration, Laura Vogel claimed she saw Ben have shaky hands and even add alcohol into his coffee on one occasion. The second declaration was filed by a woman named Emily Neikman. In her filing, Emily claimed she had concerns about Ben’s alleged drinking.

Emily wrote, “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.”

Laura Prepon
David M. Benett/Dave Benett/Getty Images for Apple

Ben’s attorney, Rose Palermo, told In Touch, “Laura Prepon’s filing is the definition of falsehood and a disturbing fiction.”

In court, Ben’s lawyer denied the actor had issues with drinking. He called out Laura for calling herself a “wine mommy” while accusing him of having an issue with drinking.

“Of great concern to [Ben] is how much damage has already been done, and will continue to be done, to the parties’ young, impressionable children by and including Wife’s drinking (which she conveniently omitted from her response, among other truths), mental thought processes and her generational eating disorder, which she openly discusses in her autobiographical book,” Ben’s lawyer wrote in his response.

“[Ben] understands that [Laura] is angry at him for choosing to file, and that she is acting out of a place of hurt and rage. He is also aware that [Laura] has a history of self-admitted struggles that she eloquently and bravely touches on in her book,” Ben’s lawyer added. In regard to Laura’s request to not drink 12 hours before or during custody visits,

Ben’s lawyer asked, “Is [Laura] also to be restrained for a self-described ‘wine mommy’ who, on page 51 of her book, literally admits to saying words of gratitude for her wine.”

The parties were set to appear before a judge over the custody issue but worked out a deal on their own. The divorce is ongoing.

Ben filed for divorce from Laura on September 9, 2024. Laura and Ben wed in 2018. They share a daughter named Ella and a second child whose name they have kept a secret.

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