Currently my ex-husband has physical custody of our two sons, ages 13 & 14. He has remarried and has his wife's son, also 14 and adult daughter living with them. They are renting a 3 bedroom home, yet neither of my sons have a bedroom. They are both bunking in the unfinished basement of a house that was built in 1938. It is dark, damp, and I would think unsafe from a fire safety perspective, as they can only get out through the door leading upstairs. The windows are typical basement windows, high up on the wall. There are no heat vents down there for Winter. They are also fairly isolated and separated from the rest of the family. And this is on a full time basis, as they live there.

Their sleeping arrangements are the most worrisome thing on my mind, although the fact that they have 6 people and 5 dogs living in a 1200 sq ft house isn't very appealing, but that's his choice.

I am very concerned about the basement bedroom, but my ex has nothing to say on the matter. I am unsure of how I can further address this situation. I know the dogs are a code ordinance for that township (Waterford), but I can't seem to find much on the safety of these kids living in the basement. Am I being overly-concerned? Is there anyone who can intervene on my kids behalf (FOC, CPS, etc.), as he will not respond to me on this issue whatsoever? Photos attached. Thank you.

That's far better than some living conditions I've actually seen in some poor areas.. however if its legal or not (apparently your main concern) would be determined by where this house is (what city). It's not illegal many places... but it might be in some others due to the egress issues you point out. Thats determined by local code, possibly either county or city.

Thank you for your response. I agree, things could be much worse. However, this is not a poor man with no means. Also to clarify, I am not concerned so much with legality... I am concerned about the safety of the situation, as well as the psychological effects of them being stuck in the basement away from everyone. Teenagers can be touchy in the best of situations. I don't want them to feel like they are being separated out from the rest of this newly formed family. But other than legally, how else to I try to make a change for the better in their situation?

I am also wondering about the concerns of radon in the basement? I have heard about it, but am still trying to research more. It just seems like a crappy situation for them to be stuck in. Thanks again.

As far as Radon... you would have to test for that... one house can have it and the one next door might not. Your best argument would be made on finding out if its legal by the local code... I can and do see what you are saying. I was lucky enough to have my own bedroom as did my brother, but my best friend was in a bedroom smaller than mine with 3 other brothers where there was barely enough room for two bunk beds and dressers and there was no closet.

Awkward situation at best... but with two bedrooms after your ex-and his wife to go between 3 boys and one daughter, its all in how its divided. Obviously she will have her own room because it wouldn't be right to be sleeping with a boy of any age for obious reasons, that leave one romm between the three boys.

How big is that one room? If its not a big room, and in a house built in 1938 it probibly won't be, three in there won't work... in which case it normally goes to the older son, but in this case there are two born the same year and one of them has a younger brother. It would probibly be less fair to split the related brothers, and it would almost require a coin toss to decide where it went because there is no clear choice of who should get it, and any choice will appear unfair to someone.

If the money was there, and the differences in rent didn't vary significantly, I agree at least a 4 bedroom house would have been a better choice. If that was an option. However I'm not familiar with what various housing costs on average in that area. I do know where I live that one bedroom can easily ammont to $1,000 or month more than a 3 br. Would cost. Yes a Studio apartment can easily cost $1,500 or more where I am... and those are no bedroom apaprtments. I am assuming Michigan is significantly less expensive.

Other than legally, you really don't have any leverage... and at best very little. As long as no laws are being broken, you can't make them do something else, you can't make them get a larger more expensive place if they are paying for it. And also consider, if they have a lease right now... they really can't pack up and leave until it expires without a significant liability even if they wanted to.

Not a lot of positive solutions that would make everyone happy... Out of curiousity, have your sons complained to you about this? Teenage boys do think very different than teenage girls would. Some might view it as all their own space... rather than just a tiny room. Sure some might be bothered by it as well. But teenage guys are on average a lot tougher than a teenage girl would be.

None of it adresses the safety thing... is there a outside basement exit other than the one that goes upstairs? If there isn't, then yes I would have an issue with that and so would the local authorities most likely

How is everyone else suited for bedroom furniture? If everyone else has really nice stuff, and they have a mattress on the floor, then I see a real issue there. If one got the bedroom, the others shoud get the nicer furniture to balance it out a bit.

Keep in mind...I'm basing this off a couple photos....and things might be better or worse than they appear to be in them to me. I have to make a lot of assumptions.

I don't know what your situation is.....but if you are paying child support to him, you can maybe stongarm him a bit by trying to get primary custody of your two sons. In which case you can push for support to be paid to you.

Thank you for your thorough response. It is a tough situation, since the boys are used to having their own bedrooms, and now they have moved into this lesser desirable situation. My boys don't complain much (very a-typical teenagers) but the older has complained. They have both expressed an interest in living with me, which would be great, but an even more complex issue that I don't need to get into here. Unfortunately I don't have much access to the house to view how everyone else is set up.

The basement does not have any alternate exit... huge concern for me. I am going to try to get more info from the township on their ability to step in and help. I am really not looking to get anyone in trouble... I'm not that petty. I just want a better environment for my sons.

Without an ouside exit, the basement will probibly be prohibited for use as living space most places in the USA, and I agree on the safety, it appears to be a below grade basement without windows large enough to qualify as an egress point.- in lieu of a door and stairs directly outside. And the window on the second photo, is most certainly NOT qualified as an egress point. For both height above floor and size. I can't tell if thats a glare from an exposed bulb in both photos or a window the sun is shining into. And in winter in Michigan...thats going to be damn cold without heating vents.

Current building codes, in almost all states, would not allow this area to be used as a sleeping area for the primary reason of emergency egress. Unfortunately the only leverage is to bring it to the attention of the local building code enforcement people.

How long have they been at this house?

Aside from building codes and other topics discussed, my immediate concern would be mattresses directly on concrete basement floors. All concrete floors bring some amount of dampness up from the ground, being porous. Mold grows quickly, and bugs are attracted to the moisture.
I can't see the window situation. I've watched countless renovations of basements on TV, including bedrooms and apartments, and I've never seen bedrooms mentioned as having code requirements, just apartments, which must have an outside 3' wide door and certain other things.

So you go back to the court that issued the custody order, show them the pictures and ask that they do a surprise visit in anticipation of a change in custody.

This is the most commonly accepted US code:Uniform Building Code-US.

In addition to a door, each bedroom MUST have a secondary means of egress.

For emergency escape, the following standards apply: The openable portion of a bedroom window must have a minimum dimension of 5.7 square feet, unless the sill is lower than the outside grade level. In that case, the overall dimension must be at least 9 square feet. The width of window openings must be no less than 24 inches and the height no less than 20 inches. If the windowsill in a basement bedroom is lower than the outside grade level, there must be an exterior window well that meets an additional list of minimum size requirements.

Windowsills in any bedroom must be no higher than 44 inches above the floor, although lower sills were often allowed in older homes. In a basement bedroom, sill heights can exceed 44 inches if there is a permanently installed ladder or stairway to the window opening.