Legal Question in Family Law in Indiana

Unfit environment of non-custodial parent

Since the last custody hearing 5 years ago, I have am primary in a legal jt. custody agreement, my ex-husband has not had an appropriate sleeping environment for our 2 children. The children have had to either sleep with him, on the couch, with the other children, or on the floor. Now he lives with his mom, his uncle, his girlfriend, her 4 children in a 3 bedroom trailer. He also has 1 other child besides our 2 children. All children sleep on the floor because of space, even the kitchen floor. All 4 adults smoke inside and my 8 year old takes medication to breathe easier and complains of back pain from the kitchen floor. Is this deemed as an unfit environment to warrant court involvement and/or cps involvement. X refuses to allow kids to come home at night to sleep versus on the floor


Asked on 3/09/03, 11:29 pm

1 Answer from Attorneys
Samuel Hasler Samuel Hasler

Re: Unfit environment of non-custodial parent

You speak in terms of custody but are you not actually talking about visitation with the ex? If so, visitation can be modified if the visitation may pose a physical harm to the child or children. To get anything done on this you need to file a petition to modify the visitation.

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Answered on 3/10/03, 5:50 pm


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