Legal Question in Family Law in California
My ex-husband and I have 50/50 custody of our 2 minor children, also sharing visitation 50/50 as well. Lately my children have expressed to me that they are not comfortable living with their father and his now new girlfriend in her home. At first, I thought maybe it was the new environment that was uncomfortable for them. However, just last night, they explained to me that they are uncomfortable for several reasons:
1. They do not have their own room, their bunk beds have been set up in the dining room, with their clothes being stored under their beds.
2. The bathroom is what they described to me as very unsanitary and they explained that there is a pipe that leaks from the bathroom into the garage.
3. They are 5 other chidlren living in the home with them as well, in which there is just not enough space.
I want to be fair to their father, however, I feel like I would be failing my children if I did not address this issue. I have tried to address the issue with their father outside of going to court, however, his only response was that the kids are just fine.
Do I file an order to show cause to request a change to the custody and visitation order that is currently in place? Is it an unreasonable request to make?
1 Answer from Attorneys
This is more of a personal rather than legal question. You need to do whatever you feel is in your kids best interest. If you feel that you need him to make a change and he is not doing so then you may need to go into court.