Legal Question in Family Law in Massachusetts
Sleeping Arrangments
What is the legal requirement for sleeping arrangements for a 12 year old boy and a 10 year old girl? My children's father rents a small home with his girlfriend and the children have to sleep in the living room together on the couch and blow up mattresses. Neither has a space or room of their own. I currently reside in CT, my ex in Massachusetts where the divorce and custody arrangements are filed.
1 Answer from Attorneys
Re: Sleeping Arrangments
There is no 'legal requirement' that children have their own room; the standard is whether there is a threat posed to the health and safety of the children. The courts will not condition visitation on the size of a home that a non-custodial parent owns/rents, since, in theory, they pay child support for the child(ren)s shelter. Massachusetts child support guidelines do not currently contemplate BOTH parents providing the children with full time shelter and do not provide any money for the non-custodial parent to do so.