Q: My fiancé & I live in a 1 bedroom 1 bath apartment that is 630 square feet with our 18 month old daughter. My fiancé has
4 other children from a previous relationship. His ex has full custody of the children & he is allowed visitation. His children want to stay the night with us. Are they allowed to stay the night at our home? What are the legal requirements for the home size? Bedrooms?
A: The children will each need their own bed. There is no perfect answer when one parent has small living arrangements. The amount of bedrooms is not necessarily key. There may be some zoning regulations too in the jurisdiction. Also, each county is a little different with their positions. Consulting with a family law attorney about specific facts would give you a better idea for your jurisdiction. Finding out why the ex has full custody is an important question. If the judge ruled that he can't have overnights with his current living arrangements, changing the judge's mind would appear to be problematic. Obtaining a two bedroom apartment might be an option if it's in your budget with bunk beds, but talk to a family lawyer before making big life-changing decisions with substantial costs.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
