Can siblings of the opposite sex share a room legally?

Discussion in 'Other Family Law Matters' started by mrsberry, Dec 8, 2010.

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  1. mrsberry

    mrsberry New Member

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    My husband and I are trying to get custosy of his two children! He has a boy who will be 4 in Dec. 2010 and a girl that turned one Nov. 2010. When my husband went to court for the divorce he asked for joint custody and he was denied! Currently the children share a bedroom in their mother's apartment. The mother's boyfriend also lives there, who has two children that visit (also a boy and a girl). I am not certain if the boyfriend's children stay over night or not. What I need to know is if there is a law that states the children of opposite sex cannot sleep in the same room, and if not what age does that take effect? Thank you!
    Mrs. Berry
     
  2. Proserpina

    Proserpina Moderator

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    Nope.

    Unless it is a foster care situation there are no laws preventing kids of the opposite sex from sharing a room.

    What is Dad's basis for changing custody?

    What has changed since the original order was made?
     
  3. bluemann33

    bluemann33 New Member

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    At that age it really dosent matter if a room is shared. When the kids start to get older Even though there is no law that says they cant share a room Im sure they will not want to anylonger.
     
  4. mrsberry

    mrsberry New Member

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    He has always wanted custody. The mother has different men in and out of her life like candy! She moved in one guy two days after they started dating. Another of the guys was a sex offender, but we didn't find that out until after he moved out, there were two others we knew little about, and then the current boyfriend had dated her in high school and beat the crap out of her. We went to the police but they are stating we cannot but a protective order over the kids and take them, because the mother has primary custody! Also the mother very seldom has the kids, her mother comes and get the kids everyday at some point in time!The grandmother has attempted to the take custody of the children herself. The grandmother of the kids tells the mother not to let their dad see them and we have had to call the police on her to pick them up on our weekend....again the cops did nothing saying the divorce degree doesn't state which weekend is ours. We could prove that is was our weekend and they still did nothing. The mother has told the father on several occations that she wants him to have the kids three days a week, but she wants him to continue to pay the same amount of child support. The mother does not send all the appropriate things with the children when we have them. She has also proven to be neglectful by leaving her curling iron on in the bathroom allowing the boy to get a third degree burn on his arm. The next week after the burn he had a wound under his eye from car door. We called Child Protective Services and again they did nothing! The boy has regular nose bleeds and the nothing refused to take him to the doctor even though the father pays for insurance! We took him to the doctor and the doctor wanted him to go see a specialist, again she refused to take him. The mother also regularly states the kids are too much for her to handle and she needs the father to take them! She has been in a pysch ward for cutting and depression and still struggles with depression everytime a boyfriend breaks up with her or something goes wrong with her life. We think it would be in the best interest of the children to have a stable, consistant life that my husband and I can provide! I have a three year old boy myself, and I know first hand what should be and is my priority in life. We also have more suitable living and sleeping arrangements!
     
  5. mightymoose

    mightymoose Well-Known Member

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    There is no law preventing children or adults of opposite sex from sleeping in the same room... unless they are in jail.

    This argument is so weak I suggest that he never even bring it up in order to not be seen as petty and totally absurd.
     
  6. bluemann33

    bluemann33 New Member

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    You can contact cps and tell them and hope they investigate. Document everytime there is a problem or one of the kids get hurt. You can also go back to court and try to get the children more.
     
  7. Proserpina

    Proserpina Moderator

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    If CPS don't think there's cause to remove the child, it's unlikely that Dad can use any of this stuff in court against Mom.
     
  8. mrsberry

    mrsberry New Member

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    Cps only knows about the curling iron, car door, and nose bleeds. They did investigate that though. My husband was trying to play nice with the ex for the kids sake....but is beginning to get out of hand! Thats why we are trying to form a good case against her.
     
  9. Proserpina

    Proserpina Moderator

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    Hon, you really need to take a step back, too.

    You're not getting custody - legally, you're not involved at all. This is your husband's case and if you overstep your boundaries you can actually harm his chances.

    We've seen it happen over and over; a parent can actually lose custody and any chance of retaining or obtaining custody because their spouse (even with the best of intentions and purest of heart) becomes too involved.

    That aside though, so far I'm not seeing anything that would actually justify a change in custody at this time. Your husband needs to realize that there needs to be a change in circumstance, or proof - actual PROOF - of neglect or abuse. The fact that CPS have not acted doesn't help him at all.

    (Before we go there - yes, I'm a stepparent ;) )
     
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