Q: Is it legal for my 11 year old son to be sleeping on a pull out couch in the same room as his dad and his gf?
My son stays with his dad about half the time. The thing is, he lives in a 2 bedroom apartment with a roommate and his girlfriend. My son has to sleep on a pull out couch in the same room as his dad and his dad’s girlfriend. My son is 11. We have had multiple conversations over the last couple of years about my son needing his own space and every time his dad says he is going to move, it ends up getting pushed back again and again. Is this legal in AZ to have a child in this situation? I can’t help but feel it’s not in his best interest. He has his own room at my house. Is there any legal action I could take to force him to provide a suitable bedroom and bed for my son?
A:
The arrangement is not illegal.
There is a question of whether it is in your son's best interests. You could file a Petition to Modify, and then it's really up a judge. I think there's a good argument there, but it will really depend on how your judge feels about it. Some judges don't like that kind of a situation; others won't have a problem with it.
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