Legal Question in Family Law in California

Living space for children.

I share a house w/my parents, who stay in the master bedroom w/their own bathroom (granny flat) then me and my two girls share the next largest bedroom, then I'm renting to my sister and her fiance the other bedroom. My sister has been hinting to have her 18 year old son live with us (he would have on sleep on the couch). If I agree to this. That would make it 8 people in a 3 bedroom house...Legally, could my husband object to my living arangement and have our daughters live with him? Is there a law out there that would consider this a type of child abuse? I do NOT want to Jepordize loosing my children living with me over this. (my husband and I are separted and have a verbal agreement that the girls live with me, and he can see them whenever he wants)


Asked on 7/20/00, 3:25 pm

1 Answer from Attorneys

Jed Somit Jed Somit, Attorney at Law

Re: Living space for children.

It would not be child abuse by itself. The living situation,

including how crowded the house was, and the nature of the other

people living there, is a legitimate concern if your husband seeks custody.

The issue is supposed to be decided by the "best interests" of the

child. The situation in the household would be one issue, among many,

for a judge to consider.

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Answered on 9/11/00, 8:37 pm


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