Legal Question in Family Law in Minnesota
My stepson (8 years) stays with his biological mother every other weekend. Due to the growth of mold his mother and stepfather moved their bedroom out of the basement and moved into his bedroom. He has been made to share a bedroom with his step-sister (10 years) The beds of both children were placed in storage and a bunk-bed was placed in the room (which, to me, suggests they are not planning on having this resolved quickly). His step-sister has been abusive to him (hitting, blackmail, emotional abuse). Is there legal action I or his father are able to take to protect him?
2 Answers from Attorneys
Custody can be changed if the child's physical or emotional health is endangered. It can be very difficult (and expensive) to change custody but it is an option. I suggest that you contact an attorney in the county where the child is living and have a consultation. Most attorneys offer a free consulation.
There is very little to suggest that the child is endangered in the current situation which would be required to effectively change custody. Sharing a bedroom on a temporary basis does not constitute endangerment and there is no law that prevents it. If the mold issue is not resolved and presents medical problems, there may be an issue. If the child's living arrangements impact his performance in school or behavior, there may be som basis for a motion. WIthout more, there seems to be insufficient information.
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