Lewiston, ME asked in Child Custody for Maine

Q: How do I prove the other parent's home is unfit for our children? The judge is taking his word about problems being fixe

We have been trying to co-parent for three years and in that time the condition of his home has been unfit for the children. I have informed him several times to fix issues for the children and he tells me they are but they are not fixed. Told him if not fixed we would go to court. Here we are and the judge is taking his word for the problems being fixed when they are not. The smell is nauseating when you walk in, has not working bathroom drain, no access to cold water in the kitchen, animal feces and urine all over house, always doing laundry because the animals, they are eight and nine boy and girl and share a room and sleep together. If he sets up his room for our son means dad's room is the living room. Cats that have litter after litter. Constantly running out of fuel and it's barely warm enough there. How do I show the judge this is not a healthy living situation for the children to live in just because he's their father and always been in their life. They say they don't mind.

Related Topics:
1 Lawyer Answer
Robert Guillory
Robert Guillory
  • Divorce Lawyer
  • Saco, ME
  • Licensed in Maine

A: What you really need here is for the court to appoint a guardian ad litem who can go visit both homes and speak with the kids and report back to the court. These usually cost money but sometimes the court can find someone to do it for nothing if you both cannot afford one. it is pretty impossible to prove the conditions of the other house unless you see them for yourself and testify as to what you see. Of course then it becomes your word vs his word and that is difficult. you need an unbiased person to see his house and testify.

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.