Q: My wife filed for divorce, and she asked for legal/physical custody. What is considered adequate housing for children?
Our children in question are 11, 8, and 3 (2 boys and a girl, respectively). The studio is a converted 16x16 detached garage. It is insulated, has heat, a dining area, a refrigerator and freezer, a queen sofa bed for the boys, and my daughter is three and sleeps with me when they visit. I have access to the main house bathroom and shower/bathtub, the kitchen, and the laundry area. I live on a quiet property with one other adult man and his adult daughter, and my wife was the one that recommended him to me when we separated as he attended the same church.
A: There are multiple issues in determining custody. As for housing considerations, it can get pretty subjective. At a minimum it's important to show that the kids have their own beds/ room, live in a building that is permitted for human occupation (not Red-tagged or in violation of building codes), and have regular access to a bathroom, kitchen, and so on. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any Attorney-Client relationship.
Joseph Torri agrees with this answer
A: Children should have their own bed. The issue may be the living in a converted garage, which I doubt is permitted. Finding out if the city permitted the garage before doing anything. Although the court gives a lot of latitude when it comes to living arrangements, an unpermittef garage may not pass inspection. Definitely seek a consultation with a family law attorney.
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