[trevntysmommy]

My ex is trying to get custody of my son.He lives in a 3 bedroom home with his girlfriend and her 2 children.He plans to have my 7 year old son share a bedroom with her 12 year old son.I don't feel that this is acceptable.Is it legal?

[Curlyben]

Legality doesn't really enter into this at all.
Why don't you feel this is acceptable, assuming of course they have separate beds etc..

[ScottGem]

What could possibly make you think this is illegal, let alone unacceptable?

First, laws rarely address occupancy rates. If they do its generally for subsidized housing on a very local level. Second, wherever there may be rules or guidelines on children sharing a bedroom, its generally over opposite sex sharing. Third, in these days of blended families, it is not at all unusual for children from different parents to share a room.

I can't imagine any court agreeing with you that this is unacceptable. And I highly doubt it would be illegal.

Is he trying to get full custody, be the primary custodial parent? Is there a custody order in place now? Why is he trying to change it?

[trevntysmommy]

I have two children. My other son is 14. I have had full custody of both of them their entire lives. My ex now lives with my older son's half brother and sister's mother. She has children with my first ex and now lives with my second ex. I know it's confusing... it is for my children also. He never wanted custody until recently when his child support was increased. It is a mess and gets to be very frustrating with the things that are said in their household... she doesn't care much for me. Her 12 year old son doesn't get along with my 7 year old son and she also says things that are inappropriate. My ex works 3rd shift, 12 days on and gets only two days off. Much of the time 10 -12 hour shifts. He is a good father and I have no problem with him taking my son whenever he has time for him but he doesn't ask other than the typical every other weekend and sometime a few hours on a week day. We had an initial court date in which the judge said that my ex will probably not get full custody but will likely get half custody. I wouldn't have a problem with that as much if he had time to spend with him. With him working so much my son will spend most of his time there with my ex's girlfriend. I feel that a child should be with a parent if at all possible and not with a parents significant other. The judge had said that it wasn't acceptable for my son and her son to share a bedroom. I was wondering if that was an actual law or just his opinion. I go back to court tomorrow and am clinging to any hope I can.

[Curlyben]

This is NOT covered by statute law.
Also is this other child not a step-brother to your son ?

[trevntysmommy]

This is NOT covered by statute law.
Also is this other child not a step-brother to your son ?

No. He and my older son share the same father. My younger son's father now lives with the mother but they are not married.

[ScottGem]

I'm very surprised that a judge made that comment. I see no problem other then that they don't get along. I'm still confused by the relationships. Your younger son's father lives with the mother of your older's son's half brother?

[Fr_Chuck]

There is no legal issue, what you need to fight is any reason the father could get custody. Argue over sleeping arrangements is not going to win your case, show there is no need to change custody,

[trevntysmommy]

I'm very surprised that a judge made that comment. I see no problem other then that they don't get along. I'm still confused by the relationships. Your younger son's father lives with the mother of your older's son's half brother?

That's correct. She has a set of 12 year old twins with my 14 year olds father. She now lives with my younger son's father.
I'm hoping that the judge sees things in my favor. The thought of my son not being at home with us for a week at a time is nauseating.

[ScottGem]

I'm hoping the judge will look at the rather unusual (wierd) relationalship and not want your son to spend too much time in that environment.

[AK lawyer]

... The judge had said that it wasn't acceptable for my son and her son to share a bedroom. ...

I'd have to agree that this judge is out-to-lunch. Perhaps he or she has never had experience living on a limited income. Or perhaps there is evidence we don't know about.