UNDERSTANDING LIVING ACCOMMODATIONS AND CHILD CUSTODY
When going through the process of determining visitation rights in a child custody case, the judge looks at several factors to determine what would be appropriate and in the child’s best interest. One aspect of the non-custodial parent’s life that will be under scrutiny is his or her living situation. Parents must provide living accommodations for his or her child that are at an acceptable standard. These accommodations do not have to be lavish, but they should be suitable for a child to live comfortably and thrive. In terms of living accommodations, a judge is going to consider many things, including a child’s gender, age, the number of children, and the parent’s actual home and the surrounding neighborhood.
CHILD’S GENDER
In some instances, the gender of the child may be taken into account when deciding what would be appropriate living accommodations for child custody cases. If, for example, the child is the opposite sex of the non-custodial parent, the judge may believe it essential that the parent’s home provide plenty of room to facilitate adequate privacy for the child. If, for instance, the size of the home would force the parent to share a room with the child, a judge may find it unfavorable. Aside from their own bedroom, an opposite gendered child might benefit from having their own bathroom or another private area in which they can get cleaned and dressed.
CHILD’S AGE
Another factor that will be considered is the age of the child. Younger children may not be as emotionally equipped to adjust to a living environment that differs too much from their primary home. So if the non-custodial parent’s place is significantly smaller, they may not be able to handle the change. However, a child’s ability to adapt doesn’t depend on age alone, so how old they are can’t always be a good indicator of how they will cope in this new environment.
Age may dictate the amount of space they could need, however. If a child is 12 or 13, they may require more space than, say, a five or six-year-old. Furthermore, if the non-custodial parent is housing multiple children, a judge may not find it appropriate to have children with a big age disparity sharing the same bedroom.
NUMBER OF CHILDREN
If a non-custodial parent has more than one child, then a judge will naturally deem it appropriate that they have the proper amount of space to house all of them. If you’re staying in an apartment as opposed to a house and you have, say, three children, the judge may have concerns about your living accommodations being suitable for all of your children. This goes double for if you have multiple children from different relationships.
THE HOME AND THE NEIGHBORHOOD
It should go without saying that a judge will want to know that the home where you are proposing housing your children during visitation is appropriate. Are there enough bedrooms and bathrooms for the number of people that would be there at one time? Is the environment clean and safe? Is there anything in your home that could be potentially dangerous or developmentally harmful? All of these questions need to be asked when considering whether your home is suitable.
Outside of that, you also have to think about your neighborhood. Even if your actual home is acceptable, you should also consider the state of the environment around it. What is the crime rate like in your area? Have any serious incidents such as homicide occurred in recent years? Do you have registered sex offenders living in your neighborhood? If your township is not a place where children can safely roam, this may also be a cause for concern.
A good judge is going to take your personal status into account when making decisions about your living accommodations. Not everyone has the financial means to own a home or live in a more affluent community. But at the end of the day, the main concern is going to be what is in the best interest of your child/children.
Eaton Family Law Can Help You with Your Living Accommodations Child Custody Case
If you have recently divorced and are now deemed the non-custodial parent in your child’s life, there is no doubt that, with your new circumstances, you want to be able to have ample time with your child. Family Law attorney Travis Eaton can help. Travis is a Houston-based law professional who has ample experience in living accommodations, child custody, and everything related to family law, and can provide you with sound legal counsel. With his expertise, personal knowledge, and passion for advocacy, he can help you maintain your parental rights. Contact Travis Eaton today and let him help you provide the best life possible for your child.
