Legal Question in Family Law in Massachusetts

unrelated children

My ex and I share custodyof our 13 year old daughter. When she visits her father, they go camping and she is forced to share sleeping space, a bunk bed, with her father's wife's 12 year old son. One child sleeps on the top bed and one on the bottom bed. I feel this is inappropriate and my daughter has stated that she is uncomfortable in this situation. Is this legal? I mean my daughter is a young adult going thru adolecensce and should not have to sleep in the same room as an unrelated male of the same age. I believe this is promoting unacceptable behavior and my ex sees nothing wrong with it. Is there a law regarding this and do I have a legal right to prevent it?


Asked on 9/08/07, 8:35 pm

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: unrelated children

There is no specific law against this. The real question is whether this is a "single cabin" deal (everyone in the same single, open room, including dad and stepmom), or a cabin with several small rooms. If it is the former, it is not entirely outside reasonable, and probably should be allowed.

If, however, Dad and Stepmom are getting a cabin with multiple bedrooms, your daughter should have her own bedroom, for comfort as well as safety. Father should spend a few more dollars.

Write a reasonable letter to father as far in advance of the next planned camping trip as follows. Make clear that these concerns have been expressed by your daughter, and that he needs to work around them. If he refuses, you may need to bring this to a court's attention by way of a complaint for modification.

He and you should both be aware that this is the sort of thing that leads to a "two-foot vote" (your daughter may ultimately refuse to use her two feet to get in the car to go with dad, which often starts happening at this age in any event).

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Answered on 9/09/07, 8:37 am

Re: unrelated children

There is nothing inappropriate or illegal with step siblings sharing a room on a vacation... they are not sharing a bed. However, if this is something your daughter is uncomfortable with, you should address it with your ex and see if it is avoidable. However, if this is something you would wish litigate in court, you will need to be prepared to demonstrate that the situation poses a danger to the health safety and welfare of the children, as well as to defend against an inquiry into parental alienation (ie. if the court determines a fear was unreasonable, a counter claim could inquire whether the unreasonable fear was being reinforced by one parent in order to alienate the child from the other).

Bottom line: It is not illegal for children to share a room, regardless of gender. This is a matter that should be addressed between the two parents, with both parties setting aside their personal feelings and whatever lead to the divorce, and focusing exclusively of the best interests of the child.

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Answered on 9/09/07, 5:03 pm


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