Legal Question in Family Law in California

Adequate living arrangements for Child

I have custody of my 11-year old boy. Mom is not working and is not paying her child support, because she wants to go to school. She lives in 2-bedroom apt with 4 other people. She sleeps on the couch bed. Every other weekend my son goes on his visit and he has to sleep on the couch bed with his mom. He doesn't have a room, or anyplace to put his things. I am going to court soon to try for sole custody. I want to request that my son does not have overnights with his mom until she provides adequate living arrangements? Will the court agree with me? Isn't it against the law for that many people to be in a 2-bedroom?


Asked on 2/18/04, 5:27 pm

2 Answers from Attorneys
Steve Lopez The Law Offices of Steve Lopez

Re: Adequate living arrangements for Child

Based on the provided information, it is not in your child�s best interest if the sleeping situation is as you described. Most judges want children sleeping on a bed. Some judges do not allow for children to sleep on futons. Bring up these concerns to the judge. Best regards.

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Answered on 2/20/04, 4:56 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Adequate living arrangements for Child

You should stress the living arrangement, that is 11 year old sleeping in the same bed as his mother. This sleeping arrangement, while it may be innocent, is a bad situation and should be stopped.

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Answered on 2/19/04, 2:28 am


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