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.

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1 Lawyer Answer

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.

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