Legal Question in Family Law in New York
It is illegal for two children share a room when opposite sex?
I recently gained custody of my two youngest children (boy 6 & girl 9). My ex-husband (whom I have two orders of protection against) is extremely angry about this and has turned me into CPS for inadequate living arangements for the children because they share a bedroom, but they do have bunk beds. I can't find any laws pertaining to this specific topic. The place we live in is three bedrooms and I have two other teen's as well that share a room, then I have my room. CPS is coming over in a few days to inspect my home. Can they remove my children because they are sharing a room and are opposite sexes? They are still young and being a single mom with no help financially or in any other way from my ''Ex'' this is really the best I can do for now. Also, my ex is not supposed to talk about me to the children during his supervised visits (every other sunday 9-6) but he asks them questions about my personal life and sent my daughter home with an intimidating picture of himself, clearly intended for me and my boyfriend. Is this a violation of the order seeing as it is harrassing me as well as the mental welfare of the children (they are named in the protection order as well). Thanks!
2 Answers from Attorneys
Re: It is illegal for two children share a room when opposite sex?
This must be very difficult for you. These intimidation and other games are exhausting as well as emotionally difficult. I hope your boyfriend is a good and nurturing man and is able to support you through this time.
Yes, the photograph is a violation of the court order. In addition, he is using the child as a tool. Bring this to the attention of the court that issued the custody and visitation orders and the court that issued the order of protection. He may temporarily lose his visitation.
Is he current on support? If not, report this.
Regarding the sharing of bedrooms, the ages of the children is important. 0-8 it is ok. 9-11 it depends on the social worker and the judge. over 12, yes it is a problem.
good luck.
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Re: It is illegal for two children share a room when opposite sex?
I need more information to give you proper advice. However, your children's sleeping quarters does not seem an adequate basis for a child welfare investigation and, I might argue, was implicitly validated by the order granting you custody. As to the father's behavior during visitation, you may have cause to suspend or further restrict his access to the children if he is violating the order or using the children to convey threats. Again, I need more details before I can assess your case. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.
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